QUESTION
Employment agreement rescinded
Asked on Mar 27th, 2013 on Employment Contracts - North Carolina
More details to this question:
State of NC. Large hospital interviews, extends offer, completes background & drug testing, offer is formally signed by both parties resulting in employment agreement. Hospital rescinds "job offer" (signed agreement) on specious grounds that applicant has insufficient experience - just 2 months status - as a licensed RN. Not only was the date of her licensing noted in the resume, a copy of the license was submitted during the interview process. And, the hospital discussed starting her on evening shift in order to gain experience. The retraction occurs yesterday, six days before employment start date. The young minority lady had resigned her current position, is understandably distraught, her damages apparent. Is there recourse? Thank you kindly. Tom
2 ANSWERS
4 Awards
It is highly unlikely that the "job offer" is an enforceable contract, but if it was, then a breach of contract is possible. Not likely, but possible. You reference her being a "minority." If this happened to her because of her race, she may be able to pursue a race discrimination claim. However, she needs to move quickly as these claims have a very short time period for filing.
Answered on Apr 04th, 2013 at 3:25 PM
I am an experienced attorney focusing on employment law in North Carolina and Tennessee. This post/response is not meant to constitute legal advice.
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1 Award
In the absence of an agreement to the contrary, employment in the United States (including in North Carolina) is on an "at will" basis. That means that the employer may terminate the employment at any time for any reason or no reason at all. Because the employee's offer was for at-will employment, it will be difficult or impossible for her to prove any compensable damages, since the employer could just as easily have terminated after one hour of employment, without liability. The fact that the employee was a member of a minority group, standing alone, counts for nothing. You do not set forth any facts suggesting that she was singled out for this kind of treatment based on her membership in a minority group.
Answered on Mar 27th, 2013 at 3:17 PM