QUESTION

I was misrepresented by a new employer and recruiters about a job..should I seek counsel?

Asked on Nov 21st, 2016 on Labor and Employment - Texas
More details to this question:
I was recruited by some recruiters in Florida for a Miami Beach treatment center. I had four interviews before the owners of the treatment center flew me out to Florida to meet and tour their facility. They wined and dined me, even put me up in a five star resort. When I got back home to Texas I had an offer letter from the company..the owner and I negotiated my wages and he sent me another offer letter that I signed and emailed back. I spoke to his HR person to make sure she received it and she was sending out my HR packet. I had a start date of November 28th on the offer letter..two days after I resigned from my current company the Miami company rescinded their job offer stating " the board has decided to dismantle their outreach department" and they no longer needed my services! I'm a single mother and would never made a move unless I was sure this was real...now I'm unemployed! Do you think I should counsel?
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1 ANSWER

Litigation Attorney serving Weatherford, TX
Partner at ROGERS, LLP
2 Awards
The information in this response is based on Texas law.  You may have claims under Florida law, which I would not be qualified to address.  First things first, either ask your old employer if it will reinstate you or start getting your resume out to new employers. Most employees in the United States are "at-will" and may be fired or may resign at any time for any reason or no reason.  So unless the Florida employer was offering you a contract which limited its ability to fire you, your question has to be analyzed in light of the possibility that you could have moved to Florida and been fired after your first day of work and, unless you had a contract  with your current employer, that you could have been fired at any time from your old employer.  If you had been offered such a contract by the new employer, you should probably seek the advice of a Florida attorney as to whether or not the new employer breached it. If the new employer did not offer you a contract that limited its ability to fire you, what you may have is a claim for your reliance damages (out-of-pocket expenses you incurred in reliance on the offer), such as expenses incurred moving or preparing to move, and any expenses you incur in locating replacement employment, uninsured medical expenses if you had health insurance at your old employer which has been cancelled.   There could be other types of expenses at well. So keep good records and receipts going forward. However, the types and amounts of these expenses may not be fully known until you find a new job.  That is when you could better make the judgment as to whether a claim against the new employer would be worth while.  Sorry for the misfortune and best of luck.  
Answered on Nov 28th, 2016 at 7:39 AM

The forgoing is for general information purposes only and does not constitute legal advice or establish an attorney-client relationship.

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