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Author Topic: Has anyone else had this happen?  (Read 6583 times)

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PhylM

  • Guest
Has anyone else had this happen?
« on: Jan 03, 2010, 06:30 »
Has anyone ever been recruited by a contract company, accepted the position, quit a permanent job to move (hubby, too) and then the offered position never materializes?  Think I might have legal recourse for this problem?

Fermi2

  • Guest
Re: Has anyone else had this happen?
« Reply #1 on: Jan 03, 2010, 06:41 »
None whatsoever.

Offline Fast Neutron

Re: Has anyone else had this happen?
« Reply #2 on: Jan 03, 2010, 07:42 »
Being nukes we might want precision in our answers.  If you had a written contract to work for a certain period of time, you have recourse.  You can file suit for specific performance (i.e. let you work for at least that period) or for damages (i.e. quitting job, moving, etc.)  If you had a contract for at-will employment, you have the right to move there and work for one day.  They can fire you for any reason in at-will employment. 

These are courtesy of my Law and Economics Course in college.  They are therefore "in the abstract," and I'm not a lawyer.  Still, these are generally true.  If they intended to hire you and then didn't, and you quit your job, then they do not have the moral high ground.  Obviously, it matters what you have in writing and the laws of the states which you work in.  If they "hired" you then the contract is subject to the laws of your state, since that is where the contract was made.  There are things called parole evidence rules which limit the entering of evidence such as "they led me to believe..." or "we knew we were going to do this..." into a court preceding. 

Of course, your only recourse appears to be to ask nicely for what you think your entitled too, then to threaten to use legal recourse, then to use legal recourse.  Again, I'm not a lawyer, but I am knowledgeable and a pragmatist.  Also, should you actually win a real court case, you cannot be repaid for "figuring it out."  Production of legal knowledge due to any lack of understanding on your own part is not something courts will consider.  There is only so much the courts allow themselves to help you with.

Content1

  • Guest
Re: Has anyone else had this happen?
« Reply #3 on: Jan 04, 2010, 04:04 »
I knew someone who was a super-tech and went to work for West Valley, NY, moved there etc.  did the job well but did not fit in with the clique and got the bums rush after 2 month with the other over 50's men.   Thought of suing there when we were replaced by less qualified juniors.   I would think you have less recourse working at a temporary job unless you entered into an employment contract with the new job, and then were denied.   Moral of story:   During an liberal-induced continued recession as we are in, don't quit your first job without a written contract at the second.

cef

  • Guest
Re: Has anyone else had this happen?
« Reply #4 on: Jan 04, 2010, 06:13 »
Every season and it's getting old.

Offline whizzzkid

Re: Has anyone else had this happen?
« Reply #5 on: Jan 05, 2010, 03:05 »
Liberal induced recession?  Ya right!
« Last Edit: Jan 06, 2010, 02:36 by whizzzkid »

Offline jbechtel

Re: Has anyone else had this happen?
« Reply #6 on: Dec 07, 2011, 02:23 »
I know this is an old post but a good question. Remember, traveling from job to job in this industry, you want to make sure you have that signed offer letter before you move on. It's too bad you learned the hard way. I noticed no one has mentioned that you do have recourse, though.

I don't know how you found out, you don't say, but if you never left home I'm sure you got a call from your contractor and they told you what happened. They know if the request was cancelled or put on hold for some reason.  If not than keep this in mind. Contractors can get over zealous sometimes and print out offer letters like greenbacks, too, and they aren't suppose to be doing it! Get a hold of the contract coordinator at the nuclear site and let them know of your predicament. They want to know if these staffing firms are honoring their obligations to the workers coming on board.

If you made it to the site with an offer in hand but find out in-processing won't honor the piece of paper, ask to talk to the contract coordinator also and let him or her know what happened. If your lucky and they have time, in-processing will figure out the whole thing by checking for you. Maybe the start date isn't correct. If the position was never approved by the particular department, and this happens too, they will try to iron things out or send you home. It may take awhile. In one instance, I went back to my hotel for three days before they figured it out. They should pay for your travel, per diem, and hotel expenses during the arbitration.

I finally received a call at my hotel by the contract coordinator and she admitted fault with the contractor. Ask for it in writing. Now you have recourse you can take with you outside the power block. Hand it off to an attorney if you wish.
« Last Edit: Dec 07, 2011, 03:16 by jbechtel »

 


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