Contract rescinded due to HR error

[mlane58]

I'll take a look a little later online and post a link. I have the law in my HR book (bible)though and where I've worked we have always had to provide in writing to someone why an offer was rescinded. I'm pretty sure you are legally required. As you probably know this is required for example when a background check comes back and a Company refuses or rescinds an offer based on the results.

Two entirely different things. What you are talking about is FCRA and the employer is required to provide a copy of the Background/credit check to the employee if the results preclude the employer with following through with the offer. It has nothing to do with the offer letter itself.

You can go checking your "HR Bible" and I guarentee that what you have is not even close to what the subject is here.

 

[katmo7]

Yes, you are correct and I understand that regarding FCRA. However, at the companies I've worked at we have always stated or sent a letter as to why a job offer was rescinded regardless for what. Rescinding a job offer after it has been accepted should be examined the same way no matter the length of time between the offer-acceptance and the "rescinding." In other words, think of it as firing the employee (even though s/he may not have hit the payroll yet). You have to think about the case from a litigation avoidance standpoint. Is there a contract binding the employment relationship? Is there a potential for a discrimination claim? Are there any other state laws that restrict the employer's right to terminate the employee? If the answer to any one of these is "yes" then I think you should be prepared to show a judge or jury that you have a "good reason" for rescinding the job offer.

 

[katmo7]

Further, If they induced you to leave a job to take theirs, and then rescinded the offer, you *could* have a civil claim for detrimental reliance, but probably not if the new job was "at-will".

 

[eerelations]

Yes, you are correct and I understand that regarding FCRA. However, at the companies I've worked at we have always stated or sent a letter as to why a job offer was rescinded regardless for what.

That doesn't mean there's a law requiring it! The OP is stating that there's a specific law requiring employers to disclose the reason they're rescinding a job offer...AND THERE ISN'T ONE!!!!!!!

katmo7, if you're so sure that such a law exists, don't tell us what some companies choose to do, cite the actual law!

 

[katmo7]

RELAX! Jeezus There might not be an actual law, but I think I saw something before that says you are legally required to put a rescinded offer in writing. I could be wrong, it wouldn't be the first time. If it exists and there is in-fact a law I'm sure someone will post the link. You might be right but a company should do their Due Process and most Companies that I know of do usually put a rescinded offer in writing as to the reason why an offer was rescinded.

 

[Zigner]

RELAX! Jeezus There might not be an actual law, but I think I saw something before that says you are legally required to put a rescinded offer in writing. I could be wrong, it wouldn't be the first time. If it exists and there is in-fact a law I'm sure someone will post the link. You might be right but a company should do their Due Process and most Companies that I know of do usually put a rescinded offer in writing as to the reason why an offer was rescinded.

So, in a nutshell, you have no legal advice to offer. Gotcha.

 

[katmo7]

Haha. Thanks glad you got it.

No ,I don't have have a direct link or anything that says it's a law. I can just tell you what I've been required to do if there was an actual job offer/acceptance and it was rescinded like I've stated in my posts. There are a lot of circumstances that play in to this and like I said my experience has been to always do your Due Process. I work at a major law firm so maybe we are just more careful..

I will be sure to find out though one way or another from the employment legal department where I work and I'll let you know either way unless of course you are lawyer and know the answer....

 

[cbg]

What your company has required you to do is not law.

Best practice is not law.

I don't believe anyone has said it is not a good idea to provide a reason when an offer is rescinded (although whether it is or not, is case specific). All anyone has said is that, barring FCRA issues, IT IS NOT A LAW.

Now, if you have an actual statute number or the name of a case law, that is pertinent to the OP (who is not in your state), please post it. Otherwise, please go away.

 

[eerelations]

Trust me, we know the answer. We're just hounding you to cite the law you seem so sure exists in the hopes you'll eventually realize that there isn't such a law and will thus stop giving the OP false hope that he has a case against his erstwhile employer.

And BTW (again), while the information about some companies providing written reasons for rescinding offers was certainly very interesting to many of us, that wasn't what the OP was asking about (and what the OP was asking about is the whole point of this thread). The OP wants to know if there's a law requiring his erstwhile employer to tell him why his job offer was rescinded. Telling him that some employers will do this just 'cause they feel like it is just not helpful.

 

[katmo7]

Just asked an employment lawyer:

The said if an offer/contract was accepted then rescinded by one party it is not a mutual rescission, or rescission by agreement. Meaning that there is no legal right of one of the parties to rescind or cancel the contract for cause, or pursuant to a provision in the contract. They said that employer who rescinded the offer may be liable to make restitution as as part of the contract of rescission. They said it really depends on the language in an offer letter and if the offer letter is drafted in a way that would make it a binding employment contract and if the offer/contract was executed. Also, this lawyer told me that one party to a contract cannot rescind it simply by giving notice to the other party that he or she intends to do so and that an executory contract that is being deemed voidable can be rescinded on the grounds of fraud, mistake, or incapacity. This lawyer suggest that the original OP speak to an attorney.

 

[mlane58]

There you go----since most offers of employment (about 99%) do not consititue a binding contract,, I'd say you got your answer before you wasted your time asking this attorney something entirely different than what was the original argument from you. Let me refreash your memory in case you forgot. It had nothing to do with whether the offer is a contract, but whether the employer has to provide the person with a reason for rescinding the offer.

 

[katmo7]

but whether the employer has to provide the person with a reason for rescinding the offer.

and in most cases they do if the offer was executed as I was informed.

 

[eerelations]

As mlane58 said, most employment offers are not contracts. As a result, what you've just told us has no bearing whatsoever on the issue being discussed.

If you ever manage to come across a law that requires employers to provide reasons for rescinding their offers of employment (again, offers of employment, not contracts), let us know. In the meantime, please stop wasting everyone's time with all this unrelated drivel.

 

[katmo7]

As mlane58 said, most employment offers are not contracts.As a result, what you've just told us has no bearing whatsoever on the issue being discussed.

This isn't necessarily in regards to the OP offer letter. If you read the OP posts, which I'm sure you did, you would know that she was offered job security. This may and can consitute an express/implied contract which are infact enforceable in many states although they are not formal or in writing. Even when employers have made no specific promises, juries have determined that an implied contract existed and employees not to be discharged except for good cause. Often, courts have decided that such a promise exists even where the parties themeselves clearly did not actually intend to create a contract.

please stop wasting everyone's time with all this unrelated drivel.

Because this information that I'm posting doesn't address whether or not the reason for a rescinded offer has to be in writting doesn't mean it's unrelated drivel..maybe to you, but the OP may find this information helpful to their issue at hand. Maybe you shouldn't read this forum until you are informed what you are looking for "a law link" regarding written reasons why offers are rescinded is posted...

 

[mlane58]

This isn't necessarily in regards to the OP offer letter. If you read the OP posts, which I'm sure you did, you would know that she was offered job security.

Like hell she was! where did you come up with that crap?

This may and can consitute an express/implied contract which are infact enforceable in many states although they are not formal or in writing. Even when employers have made no specific promises, juries have determined that an implied contract existed and employees not to be discharged except for good cause. Often, courts have decided that such a promise exists even where the parties themeselves clearly did not actually intend to create a contract.

Really, show the case law that supports this.

Because this information that I'm posting doesn't address whether or not the reason for a rescinded offer has to be in writting doesn't mean it's unrelated drivel..maybe to you, but the OP may find this information helpful to their issue at hand. Maybe you shouldn't read this forum until you are informed what you are looking for "a law link" regarding written reasons why offers are rescinded is posted...

They won't find it useful because it is wrong and frankly you don't have an clue as to what you are talking about.