rescinded employment offer and retracted resignation

I accepted an employment offer in writing from a company that has rescinded that offer because they now have a hiring freeze. I have already given a verbal resignation to my current employer.

Under a contract that I have with my current employer, they are required to employ me through December with severance and retention bonuses to be paid in December unless I resign. I have attempted to retract my resignation, but they will not accept it. Do I have any legal recourse against either company?

1 answer  |  asked Oct 8, 2002 11:03 AM [EST]  |  applies to California

Answers (1)

Richard J. Vaznaugh
Rescission of Job Offer

Depending on the details of your case, you should at least have a remedy as to whatever monies you lost in reliance on the rescinded offer. Ultimately, your long term loses will depend on how long it takes you to find alternate employment that will get your earnings back to the level they are with the employer to whom you submitted the resignation.
If there were misrepresentations to induce you to take the job then there could be additional damages as well. You may want to put some thought into what they told you to get you to take the job and if those statements misrepresented the status of the company. Such things often occur when hiring freezes are implemented on the heels of new hires -- someone in the company did or, at least, should have seen this coming!

My practice is focused on representing employees in civil employment disputes like yours. My office is located in San Francisco. I am currently traveling on the East Coast, however. I'll be back on 10/16/02. If you like, I can offer you a phone consult (free) tomorrow p.m. or Thursday a.m. If so, email me with your tel. No. and the best time to reach you. Otherwise, we can talk when I am back in town.

Sincerely, Richard Vaznaugh, Esq. Tel. 415-487-0426.

posted by Richard J. Vaznaugh  |  Oct 8, 2002 2:06 PM [EST]

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