Wrongful Firing Days after being hired

[chadwick1875]

My fiance is in sales in the automotive industry and was out of work. She was looking for a job and got an offer from a company. She had to turn down a third interview at another company to take this one. She was straight forward with the company during the hiring process and never lied about her capabilities and told them she was turning down another interview to take this job.

The posiiton was to work out of the house and after starting she wanted to learn more about the processes by asking questions. The thrid day in they called and told her they made a mistake by hiring as they thought she knew more about the process. They did not even give her a chance to succed. SHe is very knowledgable and well respected in her field and was willing to learn as she want to know the product she would be selling.

Now she is out of work again and the other company filed thier open position she was going for.

Is this a wrongful firing???

 

[seniorjudge]

Did she have a contract?

 

[chadwick1875]

Yes she signed the offer/contract letter and sent it in the previous Thursday.

 

[seniorjudge]

Yes she signed the offer/contract letter and sent it in the previous Thursday.

If she thinks she had an employment contract and she thinks they violated it, then she needs to hire an employment attorney to tell her if the case is worth anything.

 

[cbg]

It is not a wrongful termination as defined by law. For a termination to meet the legal definition of "wrongful" there must be a specific law that was violated by the termination.

Any recourse she has is going to be in the contract - if it is a contract. Unless somewhere in there, there is mention of a specific term of employment, it is quite unlikely that it is actually a contract. "Offer letters" are generally not contractual.

You don't say what state you are in (or if you do I missed it) but every state but Montana is at least nominally an at-will state and in the circumstances you describe, even Montana would recognize the at-will doctrine. There aren't many, but this meets the few that do.

Absolutely she should show the agreement to a local attorney if she thinks she has a contractual violation, but based on what you have posted I'm not very hopeful.