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Rescinded Job Offer

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C

cki821

Guest
What is the name of your state? Hawaii

I accepted a position with a company in late January 2003. There were no written contracts about the employment terms between myself and the company, only verbal contracts. I was suppose to begin my full-time employment sometime in March 2003 (the exact date was never determined). In February 2003, I did not have any medical coverage. As such, the company I accepted the position with offered me medical coverage starting in February 2003. The premium for the February 2003 medical coverage was to be reimbursed by me to the company once I was a full time employee as it would be deducted from my paychecks. The repayment terms were not specified, i.e. number of deductions, amount of deductions. It was also agreed that any time I spent at the office doing training prior to March 2003 would be deducted from the February 2003 premium. The March 2003 medical insurance was to be paid by company.

In early March 2003, I was informed that they rescinded my job offer as they hired someone else. A couple of weeks ago, I received an invoice from the company for the February and March 2003 medical insurance premium. They noted on the invoice that I used the medical benefits. I received a notice from the insurance company notifying me that my benefits were to be cancelled as of April 1, 2003. As such, I assumed that the company was still offering to pay for my medical coverage in March 2003. Also, the invoice did not reflect any deductions for the time I spent in the office as previously mentioned. I spent approximately a total of 8 hours there. The amount was to be determined by my salary being broken down to an hourly rate.

Am I obligated to repay the medical premiums for both February and March 2003? Is there a breach of contract by the company?
I would appreciate any help you have to offer. Thank you!
 


Beth3

Senior Member
You're going to have to contact a qualfied attorney in your area for an expert opinion. Much depends upon your State's relevant case law and exactly what the employer promised you. FYI - a job offer is NOT the same as a contract and usually is not binding. You have such an unusual situation though that it's worth a legal consult. You *might* have a claim for detrimental reliance. At the very least, a letter from an attorney might make the employer decide not to pursue repayment of the medical insurance premiums, even if you don't have a claim to pursue against them.
 
C

cki821

Guest
Thanks, I appreciate your feedback. I will strongly consider consulting an attorney.
 

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