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Rescinded Job offer due to past employer

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CJ Ryan

Guest
Live in Colorado. Recently given written job offer. 3 days before starting new job the offer was rescinded due to information provided by previous employer. Previous employer admitted that they inadvertently provided misinformation (about another terminated employee with same first name) to prospective employer. Previous employer did contact prospective employer and explained the confusion. When the new employer asked her to verify dates of employment the previous employer told her that she could not access her computer. The termination stands now because the could not get verification of my employment dates. Any advice????

[Edited by CJ Ryan on 02-24-2001 at 03:42 PM]
 


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loku

Guest
Mis-information from old employer

There are two possibilities: (1) If you agreed to the written offer (signed the contract, and it was a valid contract), you have a cause of action against the “new employer” for breach of contract; and (2) You have a cause of action against the old employer for negligence.

The “new employer” MAY have a defense in breach of contract because of the false info they were given. If that info shows that you induced them to enter into the contract by giving them false info, then that would be a good defense. They had a right to rely on the info from the old employer at the time they received it.

Your case against the “old employer” is probably stronger, because it is clear that they were negligent and that their negligence cost you the job. You might inform the old employer of this and that might prompt them to straighten things out in a hurry. If they don’t resolve this for you, consider suing them.
 

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