Did my previous employer use deceptive practice to hire me ?

H

Hoff

Guest
Jurisdiction
Illinois
I had applied for a Director of Maintenance position at a Nursing Home. During my initial interview it was made known to me that the building I would be working in has been for sale for some time but no one has come to look at it for over 6 months and there has been no bids on it. I asked how long it was for sale, the H.R. person said for almost 5 years. I was reassured that there was no interest from any outside party at the present time. I was called back for a second interview, this time with the regional Director of Maintenance, he told me the same information about the building being for sale. I was hired for the Directors position. This all came about in October.
In November, I was told that the building had interested buyers, but not to worry, Nursing Home property transfers take a minimum of 6 months because of all the legal requirements involved.
In December, we were notified by mail from our Company, that the building was sold on September 6, 2016 and the property was going to be taken over by the new owners on January 5, 2016.
On January 5, 2016 the new owners did take over the property, my job description was changed to where I no longer wanted to work for the new owners.
I was able to go back to my previous job prior to working with the Nursing Home, but because I was terminated from them, I now have to go through the 90 day probation period along with losing my seniority and vacation time. If I had known the building was already sold, I would not have taken the position, my reason for taking the job was to work for the Company who owned it first. They also mentioned that they promote from within so there was a good chance I could transfer to another facility. I was lucky I was able to get my old job back. I feel as if I was hired just so there was a 'warm body' once the new owners took over. I feel as if I was lied to in the hiring process because the building was already sold.
I do not expect to become a millionaire from this, but I think they should be disciplined for doing this and a record made of it in case it is happening to others. From what I understand, this Company sold off 50 of their Nursing Homes in 2015.
Thank you for time
 
Sometimes a person has a claim for detrimental reliance - where you relied on the offer as given, it didn't happen that way & you , therefore, suffered damages.

However, the problem with DR is that it is a contract law concept & not a labor law concept. Basically for a DR claim to work, all of the following must exist.
- It must be shown that an actual contract exists under the laws of the state in question.
- It must be shown that one of the parties not only violated the contract, but deliberately failed to mitigate the adverse affects to the other party.
- The other party must be able to show actual damages related to the other party's bad actions.
DR claims, especially in a labor law context are not impossible but are very difficult to win. Courts still consider Employment At Will to be applicable.
DR claims always need to be discussed with a lawyer. I doubt you have a case here - you don't mention a contract & I'm not sure you suffered any damages - you did get your old job back.
 
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