Offer retracted before first day, HELP.

[ruazn2]

What is the name of your state? CA

Now the story is very simple. Poor college student, me, just graduated, found first job with a company I interned for a few times before. They sent me emails with an offer with a starting date and salary. I agreed and they replied back agreeing to everything. 5 days before my starting date, I get an email from them saying, "was informed that he [boss] does not want to add any additional headcount to the R&D Department until they are in production. And, therefore we will not be able to have you start on Monday. I don't know if we will even have a need in the near future. "

Well what a great way to enter the real world right? Anyway, I've read some of the post here saying these offer don't really mean anything and there's nothing legally binding with these offers. I was wondering if there's any ground for a suit in a civil court for damages caused by this, ie emtional duress or small claims court for 2 weeks wage. What would I need to prove, what are my chances if any, dont' want to be sued for malicious prosecution or abuse of process myself. Any help would be appreciated. Thanks!

 

[cbg]

You really don't have any kind of case. They did not violate any laws; you don't say that you turned down any other offer to accept theirs and since it was your first job you didn't quit another one, so you have no detrimental reliance to claim wages. Sorry, but if everyone could claim emotional distress every time something happens that they don't like, the courts would be even more backed up than they are. I don't think you're going to make that one fly.

Nice try, but don't waste your time and money. You won't win this one.

 

[ruazn2]

Darn, oh well can't beat the big corp. Seems like the employee really doesn't have too much rights at a work place from the posts I saw here. I guess thats why the only way to make it is to be your own boss.

Another question,
Other than the laywer fees, is there any other fees in the court system if I decide to sue the company for something? Like some kind of registration fee or court fee or anything like that?

 

[Beth3]

ruanz2, there is NOTHING you can sue the employer for. I'm sure they made you an offer in good faith (there's no reason for them to have done otherwise) and subsequently business conditions changed for the worse and they likely instituted a hiring freeze in the interim.

Yes, it's an unfortunate way to start your work life but starting off attempting to bring a meritless suit is even worse.

 

[StacyLB]

It would really not be in your best interest to make a fuss over this. At this point, you can still use the organization as a reference from your interning days. Face it that in this economy things are iffy. More than likely, the organization would have liked to hire you, but simply can't afford it.

Don't ruin a reference over something like this! Think of the bigger picture...Best of luck in your job search--fyi, in 2000 (a great economy) it took me 6 months to find a job fresh out of college. Don't get discouraged...

 

[ruazn2]

Well no I'm not going to sue them, you know how it is, poor college student can't aford the lawyer and I don't know anything about law to represent myself. And like you all said, I aint got a case anyay. But I was just curious is there any other fees involved to sue someone, except the lawyers of course. Any court fees, filing fees or anything like that?

 

[cbg]

Yes, there are. But specifically what fees apply depend upon what court you are filing in and what state you are in.