Monday, April 13, 2009

Can a company withdraw its offer of a job the day before you are due to start? Can I claim 4 loss of earnings?

I have been offered a job, allowed to work my notice and then the day before I was due to start had the offer of the new job withdrawn. The company is experiencing redundancies including my new job. This is worse than being made redundant since I have been given no notice to be able to look for another job. As of monday I am unemployed. Am I entitled to claim for loss of earnings - even if only for one week's pay?


If you have a written offer of employment you are entitled to notice pay of at least one week. (in UK law) look at CIPD website or ACAS for employment rights advice.

I need more information on this like where you live, but if you recieved a confirmed offer in writing from the new company you probably do have a case. Call the EEOC (equal emp opportunity commission) in your area. Also, contact the human resources director at the new company to get more information as to what they might be willing to do for you. Any reputable company knows that if they did make a bonafide offer, they now have a responsibility to you since you lost your current job.

Possibly - did you sign a contract of employment? If you did then you should have access to a copy - and you should look whether they state the amount of notice they must give you before dismissing you - if e.g. it says one week then that is a brech of contract and you will have a claim. You should ask at your local citizens advice bureau (if you live in the uk) they will help you with this and even give you the names of employment solicitors who offer free legal advice!

I'm assuming you're in the UK.

I'm not sure whether both jobs are with the same company?

Or have you left one company to go to the new company?

If it's a new company with a new job, I doubt you'd get anything. At the very most, a week's money. Ask at CAB.

If the new job is still with the same (old) company, you might have more of a claim. Again, ask at CAB as this is an unusual situation

Dont know for sure, but 99% no. Imagine you worked one day and they decided to get rid of you. contarctually they can, so its not much different. Imagine you worked 1 day and were made redundant. You'd be entitled to nothing.

thats my reasoning anyway but as i say i dont know for sure

Depends on the place. In Ohio we are an at will employment state. You or the employer can terminate at any time, without notice, for no reason.

If this is the case then you cant do anyhtign about it. You could show up and it still wouldnt entitle you to anyhting.

You have made yourself redundant in your present job. Since the new company is experiencing redundancies, they had withdrawn their job offered to you. This the risk you take for changing to a new job. Better luck next time.

hiya, go to Citizen advice its free and they will tell you what you can do.they will even do the ringing around,and writing any letters that need to be written.

Very doubtful, it is Force Majeure (dont know if that is spelt right) but, in other words, due to circumstances beyond their control.

If you have a contract...signed......then you can go for it......if not your out........sorry.......you got screwed.......

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