Fired before start date

[rseindc]

I could use some advice. I was offered a position and after negotiating a salary, accepted. I gave notice at my current employer and was making arrangements to start at the new job. After accepting the position, I was asked if I could attend 1 of 2 overnight meetings (held on the other side of the country). The first was being held with only a weeks notice and the other was right in the middle of Passover (Jewish holiday) . I informed my supervisor that I would need to check with my wife to see what her schedule was for the first meeting since she is a night-duty nurse and we have a 3 year old son. It turned out that she was unable to change her schedule and I informed my new supervisor I would be unable to go. She indicated it was a shame, but I could attend the next quarterly meeting. The next day (three days before I am to start) I get a call from HR that they are rescinding my offer because they do not believe I showed enough interest in the position. I have already accepted the job, given notice at my current employer, and now have no job to start next week. Do I have any recourse?

 

[Michael Wechsler]

It seems possible that you could claim discrimination based upon religion although this might be a difficult case to make. Unfortunately in cases like these the wrongs are difficult to redress and proof is not easy, especially if all of it is oral. Have you consulted with an attorney? I think that interest will probably be based upon how much time you spent at your last position, how much you made, etc. otherwise expect for your case not to be handled on a contingency basis because the cost and risk compared to the potential reward may not be high enough to justify accepting such an engagement.

If an attorney is out of the question, you may wish to discuss this further with them, perhaps even send them a letter memorializing your conversation that you had with regard to the position, your ability to make the next meeting, and the sudden reason given to you for termination. You may also wish to raise the fact that they knew you were leaving employment to work for you, knowing full well that you were relying upon their promise of employment to work for them. There is little more interest you could have shown than you did by leaving your prior employment. Your current unemployment is solely due to their breach of their offer and acceptance of a contractual arrangement. It may prompt some type of settlement but don't expect a windfall.

Originally posted by rseindc
I could use some advice. I was offered a position and after negotiating a salary, accepted. I gave notice at my current employer and was making arrangements to start at the new job. After accepting the position, I was asked if I could attend 1 of 2 overnight meetings (held on the other side of the country). The first was being held with only a weeks notice and the other was right in the middle of Passover (Jewish holiday) . I informed my supervisor that I would need to check with my wife to see what her schedule was for the first meeting since she is a night-duty nurse and we have a 3 year old son. It turned out that she was unable to change her schedule and I informed my new supervisor I would be unable to go. She indicated it was a shame, but I could attend the next quarterly meeting. The next day (three days before I am to start) I get a call from HR that they are rescinding my offer because they do not believe I showed enough interest in the position. I have already accepted the job, given notice at my current employer, and now have no job to start next week. Do I have any recourse?