Is this grounds for a lawsuit?
A friend of mine applied for a job with Mineke and was told he had the job. He gave 2 weeks notice at his current job. After the 2 weeks, he left his old job and went in on Monday to start the new job. He was told then that they had decided they didn't want to wait 2 weeks and had hired someone else. No one bothered to notify him and now he is out of a job. Does he have grounds for a lawsuit?
- 1 decade agoFavorite Answer
That is an incredibly crappy thing for an employer to do, but it's hardly a basis for a winning lawsuit. He could have fired your friend after he worked a day and he'd be in the same position. On the other hand, your friend could have failed to report to his new job, then would the Meineke guy have a basis for a lawsuit? Not likely. Although most states recognize a few legal actions in your friend's situation, they would cost more than your friend could recover and are hard to prove. Bottom line-without a written contract promising to keep you employed for a set period of time, the employer can do pretty much what he wants. Practical options are for your friend to appeal to the "decency" of the Meineke guy and ask for a few days wages, go crawling back to his old employer, or start looking for another job. It's a good idea to ask for an "offer letter" that at least puts the start day, job title and starting pay in writing.Source(s): www.findlaw.com
- Terri MLv 51 decade ago
In a word - NO. It sounds like he didn't have contact with Meineke during that 2 weeks.
What is "right" or "wrong" morally or ethically has really no bearing on whether or not a lawsuit would have merit.
Absent an employment contract all employees are considered "at will" employees and the employer may not hire or may fire at will with no reason necessary.
- Mrs. GrottsLv 51 decade ago
Sher (aka gggsbaby), here is an FYI: It wasn't Meineke, it was a completely different company.
And yes, I believe it was grounds for a lawsuit because they made him lose a job and not only that, made him unable to go back to the new one. That easily put him out of a job and screwed him over because he has nothing to support himself. He probably did not get it in writing so that would probably work against him if he tried to take it to court.
- 1 decade ago
Since I'm not an atty, I don't know. But I will tell you THIS, when I need an atty, I have access to 32 of the best atty's in PA. The firm I use is licensed to practice in all 50 states as well as Canada.
If you need some legal advice, email me. I'll share what I know.
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- 1 decade ago
It depends on the communication between him and Meineke. In order to have a legal claim, he will have to prove breach of contract, which boils down to offer and acceptance. If he can show that they offered him the position and he accepted (creating a contract), and that he relied on that agreement to his detriment, he could have a claim.
- Anonymous1 decade ago
The only way you're going to find out is to retain a employment lawyer.
- BelenLv 51 decade ago
Absolutely! Just put yourself in his shoes and you will understand that your friend has a legitimate cause of action against Meineke.
- Terry SLv 51 decade ago
Did he get it in writing?
Where's the proof.
In a court of law they will most likely change their story.