• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Offer rescinded more than two weeks ago, still no reason

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

jdjewell

Junior Member
My state: WA

Hi,

I'm new to these forums, but I thought I would give this a try. I was offered a job on Dec. 20th and electronically accepted the offer at approx. 9:00 am same day. The following day (12/21), the offer was rescinded, and I was told it was told that I would be receiving further information either from her (the lady in recruiting) or AccurateBackground (the background check company).

Needless to say, over the past two weeks, I have received no such information from her. I have contacted AccurateBackground, and they pulled up my background check that they submitted back to the company, and they said the results were acceptable. They didn't see reason from that for not hiring me, but that the company could have it's own hiring standards. On the job offer, it said that it was "contingent upon the successful completion of a background check."

This offer included a base pay, stock share plan and $20,000 sign-on bonus. Since WA is an at-will employment state, I don't think I would have rights to either the base pay or stock shares, since I would have had to have worked to have earned those. The $20k sign-on bonus, though, is what I'm thinking I may have a legal right to.

Not to mention, that this is a large corporation, with many open positions which I would have like to applied for, but obviously, since I don't know what's going on, I didn't even bother wasting my time.

Does anybody here know if I have legal standing?
 


mlane58

Senior Member
I don't think I would have rights to either the base pay or stock shares, since I would have had to have worked to have earned those. The $20k sign-on bonus, though, is what I'm thinking I may have a legal right to.
Really, what makes you think you have any rights, legal or not to a sign on bonus when you were not hired. The employer is under no legal obligation at all to offer you the position or pay you any monies.
 

jdjewell

Junior Member
They may have the right to rescind the offer...

...for whatever reason they choose, but that offer is a signed contract which states that it is only contingent on successful completion of a background check (which I have) and professional references (again, which I have).

From the horse's mouth, she (the recruiter) told me it was another reason, which she could not disclose. Can they rescind, yes; however the sign-on bonus is mine, I only was due to return it if I quit "...of my own volition." That didn't happen. I'm not saying they owe me pay, obviously, it's at-will employment, and I'm due nothing. As the contract reads, though, I'm due the sign-on bonus unless the offer were rescinded for one of the two aforementioned contingencies.

Thanks for the comments folks, but I do have an attorney now, who agrees with me. I appreciate all of your comments.
 

mlane58

Senior Member
...for whatever reason they choose, but that offer is a signed contract which states that it is only contingent on successful completion of a background check (which I have) and professional references (again, which I have).
You are completely wrong about it being a contract. It just an offer letter and nothing more.

however the sign-on bonus is mine, I only was due to return it if I quit "...of my own volition." That didn't happen. I'm not saying they owe me pay, obviously, it's at-will employment, and I'm due nothing. As the contract reads, though, I'm due the sign-on bonus unless the offer were rescinded for one of the two aforementioned contingencies.
Why don't you tell us under what legal authority you are owed the bonus.

Thanks for the comments folks, but I do have an attorney now, who agrees with me. I appreciate all of your comments.
Well if your attorney thinks you have a case, there has to be something you aren't telling us, but from what you have posted, you don't have a case and are just paying an attorney who won't get squat for you.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top