You applied for a job you really wanted, and when you were given the job offer, you could not wait to get started. If the employer has come back since that time, though, and rescinded the offer, it can feel awfully unfair and leave you back at square one in your job search. At times like these, it is natural to wonder if you have legal options or if you can take action against the employer. As with most legal matters, the answer is that it depends.
In most cases, it is not illegal for employers to rescind job offers. Still, it is important to review any offer or contract that was already offered to you. It is also important to speak to an Ohio employment law attorney who can review the facts of your case. This is particularly true if the employer did not provide any reason for rescinding the job offer.
Like all states throughout the country, Ohio is an at-will employment state. This means that employers have the right to hire and fire employees at any time and for any reason. Employers do not even need any reason at all to fire an employee in some cases. However, if there is a written job offer, it can be argued that this constitutes an employment contract. Written job offers also often contain terms and conditions that do not allow for the contract to be modified or rescinded without the creation of a new contract.
Promissory estoppel is a legal concept that may protect workers when a job offer has been rescinded. Promissory estoppel protects the worker from any harm that may occur as a result of a job being offered, and then the offer being rescinded. Even when a formal written agreement is not in place, a verbal exchange between the two parties may provide enough means to file a lawsuit against the company for a rescinded offer.
When a job offer is rescinded, the timing of the withdrawal of the employment position plays a critical role. If you have not yet accepted the job offer, you may not have any legal options if the employer decides to rescind the offer. For example, if the employer became aware of misconduct after conducting a background check and then rescinded the offer before you accepted, there would be little legal recourse.
Having a job offer rescinded is frustrating and may leave you worried about your future and how you will support yourself. At Marshall Forman & Schlein, our Ohio employment law attorneys can review the facts of your case to determine if the employer broke the law. If so, we will help you make it right and protect your financial future. Call us now or contact us online to schedule a free consultation and to learn more about your legal options.
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