OT - Hiring - Legal Question

  1. You have chosen to ignore posts from Txgrl82. Show Txgrl82's posts

    OT - Hiring - Legal Question

    So, I know there are quite a few lawyers on these boards, and I am hoping you can answer a question for me!

    I have a friend who was hired for a position. She went on two interviews and was then offered the job over the phone. They even discussed salary. Now, she gets a call that the manager made a mistake and she needs to go on another interview with HR because there is a person in corporate that is also going for the same position.

    Is this legal? Can a company offer you a job and then take it away? It just doesn't sound right...
     
  2. You have chosen to ignore posts from kargiver. Show kargiver's posts

    Re: OT - Hiring - Legal Question

    I'm not a lawyer, but, yes, I think this is legal albeit icky.

    I say this because companies hire employees at will.  They can terminate at will, and employees can leave at will.  If that's the case, they can certainly make an offer and then rescind it or change it.

    But, again, I'm no lawyer...  ALF, you out there?
     
  3. You have chosen to ignore posts from Txgrl82. Show Txgrl82's posts

    Re: OT - Hiring - Legal Question

    Right, but isn't it essentially a contract, since there was an offer and an acceptance? That's the confusing part to me...I mean, they could still give her the job and then fire her, but not just give it and then take it back, you know?
     
  4. You have chosen to ignore posts from ilovebeagles. Show ilovebeagles's posts

    Re: OT - Hiring - Legal Question

    If its not in writing, it doesnt count.

    Sorry, but that is the harsh truth.

    While I like your legal terminology Taxgrl, offer and acceptance MUST be in writing per contract law, or else is it just a verbal agreement, which aint worth the paper its not written on!
     
  5. You have chosen to ignore posts from kargiver. Show kargiver's posts

    Re: OT - Hiring - Legal Question

    I think they can.  And, she didn't sign anything to boot.  Wish I could be cheerier. 

    Where are the lawyers?  I shouldn't have commented at all not really knowing for sure.
     
  6. You have chosen to ignore posts from ilovebeagles. Show ilovebeagles's posts

    Re: OT - Hiring - Legal Question

    ETA - while what they did wasnt very professional or nice, that does not get you too few in legalities.

     
  7. You have chosen to ignore posts from Txgrl82. Show Txgrl82's posts

    Re: OT - Hiring - Legal Question

    That's what I figured, it needed to be in writing, but it's just slimy...
     
  8. You have chosen to ignore posts from framerican51008. Show framerican51008's posts

    Re: OT - Hiring - Legal Question

    I don't even think it matters if it's in writing due to the whole "employee at will" thing.  An employer can let you go at any time... apparently even right after offering you a job!
    That really stinks for your friend that they messed with her mind like that!!!

     
  9. You have chosen to ignore posts from Txgrl82. Show Txgrl82's posts

    Re: OT - Hiring - Legal Question

    Not to mention the fact that they called her days later, AFTER she had given her 2 weeks at her current job...

    I just feel bad because she and her fiance just bought a place and are looking to get married in September, so she really wanted this new job...not to mention it just seems like total nepotism since the job was all of a sudden not hers because of "someone in corporate". Whatever, karma's a b*tch!
     
  10. You have chosen to ignore posts from ilovebeagles. Show ilovebeagles's posts

    Re: OT - Hiring - Legal Question

    It does stink, but it is also a good lesson for everyone to learn.

    INSIST on a written offer letter and confirmation of start date before you give your two weeks notice.

    The same thing happened to my dad years ago, he had been offered a new job, gave his two weeks and then they backed out. My mom was pregnant and they had just bought a house. He ended up not being able to find a job for like 4 months while my mom was on bedrest. Talk about stress!!!!
     
  11. You have chosen to ignore posts from kargiver. Show kargiver's posts

    Re: OT - Hiring - Legal Question

    Yes, it's slimey, and we all hope that an employer never uses their right to terminate us at will either before we show up or a year or any time later.  It's legal but so disappointing at best.

    Sorry for your friend, txgirl.

    :(
     
  12. You have chosen to ignore posts from trex509. Show trex509's posts

    Re: OT - Hiring - Legal Question

    I'm not a lawyer either, but I know people who had signed job offers for after they graduated school (so after a few months).  Then the economy tanked and many firms rescinded their offers.  So yeah, I think they can do it at any time, even with a signed agreement.
     
  13. You have chosen to ignore posts from whatawagSBNy. Show whatawagSBNy's posts

    Re: OT - Hiring - Legal Question

    In the original post,  it says she is being asked to go for another interview with human resources,  not that she has been completely rejected.   It may be that they can only (by written company policy)  offer a job to an outsider over an inside candidate if they can demonstrate conclusively that the candidate is better than (not equal to ) the inside candidate.
           I have seen this from both sides before.  Sometimes it means the good in house candidate was deliberately never given a chance  because they are lousy, other times it can just be a personality thing, or an underlying prejudice ( boss 1 step up not considering taking a transfer from central office because he has heard rumors she and hubby are trying to conceive, and he feels pregnant women are lousy workers.)

        So they review the hiring paperwork completed by interviewers - and find that everyone interviewing wrote down  only  impressions -  "like this person best!" which do not demonstrate why candidate was better - in which case the candidate really does have a chance to put forth a good interview in which the HR person conclusively documents why she is better - so she gets the job.
          Or the interviewer is doing this pro forma, to correct a real injustice, no chance at the job.
         Or door number 3 - though this job will go to the corporate transfer, the candidate is so good on paper and interview reports were good enough that they may be thinking of a job not yet advertised, because not officially vacant.

      Txgrl82 -  Your friend should get everything in order, think about what she learned about the company in the interviews,  and give a kick-as presentation of her skills when she goes to the HR interview.
         Getting angry, or a chip on the shoulder (I've been unfairly treated!) that comes through could lose her a job.    Best possibility, she may step by step show she is a better candidate for this job, or another opening.  She needs to interview well.  If the company is looking to fire a non-performer then hire her, or waiting for new positions being created,  interviewing well could clinch it and get her  another similar job that she would be happy with, and does not know  about.

         It does stink if she got caught in internal politics and the possible job is snatched  away.  But if this last interview gets her this job or another she does not even know is coming up ?
     
  14. You have chosen to ignore posts from ALF72. Show ALF72's posts

    Re: OT - Hiring - Legal Question

    Beagles is right. What they did is not illegal.  Why doesn't she just go on the interview and knock 'em dead?  Clearly she did so on 2 prior interviews.  Just wow the person in HR. 

    Also, what was she planning on doing if it was illegal? Suing them?  Way to impress your new employer.  If they don't hire her after her interview w/ HR, then clearly it's not a place she wants to work anyway.  I"m sure their decision has nothing to do w/ her, and everything to do w/ the manager who hired her.  He/she may be on their way out, or they may not trust that person's opinion for whatever reason [ie, bad hiring decisions in the past, so they want a 2nd opinion by HR]. Also, he/she may have hired when they didn't have the authority to do so. 
     
  15. You have chosen to ignore posts from kargiver. Show kargiver's posts

    Re: OT - Hiring - Legal Question

    ALF is right - tell your friend to keep her head up and go for it with gusto.  If she goes in there with a hint of a chip on her shoulder (even if she tries to hide it) they'll sense the resentment a mile away.  Let it go and participate in the process like this never happened...or better, bring her extreme A game for the inside knowledge of who her competition is that she wouldn't have had otherwise.
     
  16. You have chosen to ignore posts from Prill. Show Prill's posts

    Re: OT - Hiring - Legal Question

    While not a nice (or professional) thing to do, it is perfectly legal. A contract (verbal or otherwise) is still a legal contract, however, an offer of employment can be renegged per the employers will.  This is usually only done if more information about the employee comes to light (e.g - bad reference, found they lied on their resume, "stuffing the employer around" after the offer). In this case though I would say that either the person that made the offer jumped the gun and hasn't followed a correct procedure/hasn't had the authority to make the offer; or, for legal purposes the HR Manager must determine that they are indeed the best person for the job (ahead of the other internal candidate).

    As others have said - tell her to go along to the interview and wow the HR Manager (us HR and labor law types like to be wowed!).
     
  17. You have chosen to ignore posts from dkb6248. Show dkb6248's posts

    Re: OT - Hiring - Legal Question

    I think this depends on company policy, but at a few companies I interviewed with, if there is an internal candidate interested they had to interview them.  I lost out on a job I was so sure was mine to an internal candidate.  The policy at this particular place was if an internal candidate is equally qualified, then they get preference.  However, in my current job, I was up against several internal candidates that they had to consider and interview, but I still got the job over them.

    Good luck to your friend!  I hope it works out for her and that this doesn't put a taint her feelings toward the company.
     
  18. You have chosen to ignore posts from cosmogirl. Show cosmogirl's posts

    Re: OT - Hiring - Legal Question

    And after your friend's interview is completed, THEN you can tell us the name of the company so we can boycott!  LOL! 
     
  19. You have chosen to ignore posts from Txgrl82. Show Txgrl82's posts

    Re: OT - Hiring - Legal Question

    Wag, she actually called me and told me the whole story after the interview with HR last night. She is pretty level headed, so she wouldn't have gone in with a chip on her shoulder or anything.

    She told me that she put her qualifications out there and the interview went fairly well, but she just felt like she was already getting a brush off from HR. So, before she left, the woman asked her if she had anything else she would like to add, and she just gave her reasons as to why she was the best candidate for the job and that she really hoped they would consider her seriously. She said after this the person had a smile on her face, so hopefully this was a good sign!

    I agree with those who said that it's probably not a place she wants to work for anyway, considering how unprofessional the company was; we actually had that discussion last night...So hopefully if she doesn't get it, this will help make her feel better!

    Cos, I'm not sure what the name of the company is...It's a large property management company in South Carolina, so boycotting in Boston probably won't help ;-)

    Thanks to everyone for listening and their opinions!
     
  20. You have chosen to ignore posts from whatawagSBNy. Show whatawagSBNy's posts

    Re: OT - Hiring - Legal Question

        Good for her!
    Even if she does not get this job, there could be a time when that HR person says - why pay a headhunter and advertise this soon to be open job,  first call this excellent candidate we wanted to hire but couldn't.    Being sought after is a good feeling.
     
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