employment question

[Tiggeroo]

My dh has been laid off for several months. Because he is an hvac serviceman we felt he had a good shot at getting a new job over the summer. He was offered one position that wasn't really what he did and it was a low offer. However, we could make it work and in this economy he took it. Several days before he was to begin he was offered a better position with a higher pay and actually perfect for his skill set. He sent his regrets to the first job and accepted the second offer. He was told he wouldn't start for 1-2 weeks but it was find since we were prepared to wait it out financially. It is a large and apparently busy company, not a fly by night place. Ten days later he hadn't received a starting date. They apologized and said it would be soon. Several days later dh called the company again. This time they gave him his insurance info and asked him to forward his sizes for uniforms and again stated it would be soon. A week later he received a call from a supervisor who lives near here saying that he would be meeting him over the next few days when he was in the area to go over some details. Never go t that call. Several days later dh again sends an email and receives a reply stating that they are getting his truck ready and it will be in a week. Now it has been two months. Several weeks ago dh began looking for work again however, in his line of work the best window of opportunity has passed. When dh was laid off I took a second job. It was killing me but necessary. When he was confirmed at this job, ordered uniforms, told he would start in two weeks and truck was ordered, discussed truck setup, etc. I gave notice and left this job. I am now in a panic and extremely angry at this company. They knew he declined another position in their favor and removed himself from the job market as he accepted a position with them. Does anybody know if we have any legal recourse?

 

[FireDancer]

I am not a lawyer but this sounds like a case of promissory estoppel:

In the law of contracts, the doctrine that provides that if a party changes his or her position substantially either by acting or forbearing from acting in reliance upon a gratuitous promise, then that party can enforce the promise although the essential elements of a contract are not present.

This is based on my memory from two Business Law classes (the term and premise, not the definition which I had to look up) and is in no way legal advice but perhaps it is a question you can ask someone who is an actual attorney. I have no idea if the promise of a job meets the legal definition of promissory estoppel or if it is even relevant in employment cases but it is what jumped to mind.

In any case I hope the job comes together soon, it is a pretty crappy situation.

 

[bicker]

Good advice, there, to consult an attorney. This is not the kind fo thing I'd rely on online advice for.

Hopefully you've got loads of documentary evidence that they confirmed that a job was offered. I suspect that'll be essential.

 

[polkadotsuitcase]

I am not a lawyer but this sounds like a case of promissory estoppel:

Wait...I thought that was a news anchor? No, I'm wrong. That's Ted Koppel.

It doesn't sound like the second job is completely off the table, is it? Just being delayed beyond reason? I hope it still comes through -- it sounds like they're going through the hiring motions, and they wouldn't do that if they weren't serious, right?

In my biz, two months is nothing (sadly). And that includes waiting for payment on a completed job (even more sadly, and actually maddening). It absolutely stinks that they put you in this position, though. I'd be pretty ticked, too. I really hope it works out very, very quickly.

 

[Robinrs]

I work for a national LARGE corporation that took over 4 months to give me a start date.... talk about FRUSTRATING!!!

The problem was the company was local, the the PTB was in NY and LA the current job originated in Texas and the HR people were in Maryland

It took forever but it actually took my immediate boss to get the ball rolling faster. I called her regularly to remind her and finally she got thru to the people who needed to sign the correct paperwork to get me in the door.

That was over a year ago and I really LOVE this job so it was worth waiting for. I certainly hope things work out for your family.

 

[DMass]

Wait...I thought that was a news anchor? No, I'm wrong. That's Ted Koppel. QUOTE]

 

[DawnCt1]

Doesn't it depend upon the state? Some states have "at will" employment, where someone can be terminated at any time. I am wondering if the same is true prior to actually starting the job. I would call the state Labor Board and inquire. That's free.

 

[Tiggeroo]

Thanks for the replies. It is upsetting. DH doesn't mind waiting at all if he is certain the job is there. But he will run out of unemployment in two months. (if no extension is approved) This is fairly uncommon in his field. We want to find a way to respond to the company that will let them know he's concerned about the situation but not lose the possibility of the job if it's still there. We also want to know our legal rights in the event that the company backs out. I have some calls in to attorneys and am waiting for return calls.

 

[arminnie]

Do you have anything in writing? Would they be willing to state in writing that the offer is still valid?

I'm sorry that it is taking so long, but because of this heat wave things are probably crazy at the company. The staff who order truck, uniforms may be swamped with other duties. A few days delay for each step and you are kept waiting for a start date- it can take two months. It's horrible when you are waiting.

 

[WDSearcher]

While you're waiting to hear back from attorneys, you may want to check the company's website and do a general news search for the company name. Check for press releases, newspaper articles, etc. that might show any changes the company is going through that could explain the delay. If, for example, the company just announced that they ordered a new fleet of trucks, or that they just took on a huge new client (or lost one), that could help explain delays. Plus ... it can't hurt to know a bit more about the company he's about to sign on with.

 

[Tiggeroo]

I've checked the website. I know that they just took on a huge new client with many locations here. It's one of the reasons they hired dh. I also know they are very busy. But those are reasons you hire somebody and get them to work quickly. Part of the concern is they aren't really keeping in touch. When dh sends them an email they reply but that's the only time he hears from them.

 

[FireDancer]

Doesn't it depend upon the state? Some states have "at will" employment, where someone can be terminated at any time. I am wondering if the same is true prior to actually starting the job. I would call the state Labor Board and inquire. That's free.

I would imagine it would depend on the state and labor laws. I have no real idea, it was just something I remembered from a class 6 years ago and have no idea how it applies in real world courts of law. I had to look up the exact definition but the example sounded like it could fit what I did remember about promissory estoppel.

 

[Hoodie]

My dad had something similar. He was offered the job, worked out details, quit his current job and waited and waited for nothing.

He did contact a lawyer and actually did get a nice settlement.

 

[WDSearcher]

I've checked the website. I know that they just took on a huge new client with many locations here. It's one of the reasons they hired dh. I also know they are very busy. But those are reasons you hire somebody and get them to work quickly. Part of the concern is they aren't really keeping in touch. When dh sends them an email they reply but that's the only time he hears from them.

It could also be that, with this huge new client, they hired many people quickly and are now trying to through on-boarding everyone. And that's maybe taking longer than they thought.

And the "not keeping in touch" part could be the fault of one specific person in HR and not indicative of the entire company. Does he always e-mail / hear from the same person? Could be that THAT PERSON is lousy at getting back to people. That one person could be overwhelmed or disorganized. Could have nothing to do with the rest of the company, y'know?