Can the retail store still sue me?

Can i sue a retail store for hiring me and firing me 2 days later because they were considering others?

  • I went to an interview...got hired (filled out my papers and everything) and 2 days later before i even showed up to my first day of work received an email saying "WE'RE CONSIDERING OTHERS". I never got a phone call explaining this incident. and just 3 days ago i sent an email and complained about what had happened and now the Hiring Manager is calling it a "misunderstanding". Shes is claiming that technically i am still hired under their store but yet its been 3 weeks since i last heard from her (not to mention the email- which i never got an explanation for) ANd now she is trying to "offer me the job again because she probably thinks i can sue! (does she really think i'm going to take a job that treated me this way?) SO basically i am only being offered the job because i comlained to the brand....What can i do? can i really sue?

  • Answer:

    No. You cannot sue because you had a job offer rescinded before you started working. She is not offering the job because she thinks you can sue, she knows you can't, she is offering you the job because she wants you for the job.

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No, you can't win such a suit, because businesses may hire and fire as they please. The manager sounds inexperienced and unsure of herself, and as if she is not sure how to handle the situation. You may have been "hired," but they don't have to retain you or ever have you work a single hour for them. Sorry, but a law suit would be a waste of your time and money.

David S

Can you provide more information? Really the question of whether or not you CAN sue is Yeah you can,but actually having a chance at winning is another story entirely. If you live in an at will state and cannot prove discrimination due to race, age, disability, ect its gonna be a tough sale.

Nelo Angelo

nope. they are allowed to fire you for any reason at any time. they arent required to give you an explanation. and no, shes trying to offer you a job because it was probably her mistake and wants to make it up to you. i would take the job and move on.

hotwheels122287

You can sue but you won't win. If it's a chain complain to their head office human resources department. Her actions were very unprofessional.

Joe in texas

You can sue anyone for anything. Winning is the thing to think about. In your case, you will not win the law suit.

MAADDAWG.

It depends on what state you are in. I can say I would take the job it's hard to sue over this.

Sombody

You can always sue somebody.BUT-- This is a complicated issue that sees a lot of legal litigation. There are many tiny little details that determine the phase of employment or lack thereof, and they can all depend on both state and national law or legal codes. One thing it really depends on is where you live... look deeply into this factor and the rules and regulations associated with employment and wrongful termination in your state. That being said, it sounds like you were in a gray area at best. It depends on where you live what pre-employment and employment is, but usually pre-employment consists of the phase before you start work and employment consists of the phase in which paper work was accepted, filed and you are currently earning wages at the corporation. Usually companies are very careful about defining you as being hired because of cases like this. Usually they will say things like "we would like to offer you the job now," because that is technically not an admittance of employment, but a offer that is still in the pre-employment stage pending the filing of paperwork/application. If the manager really did say that you were hired, then technically you are employed and this is a big mess that you could probably find some way into. The problem with this part in a legal case is going to be PROVING that she said that, because I am guessing that officially the paper work said no such thing, and unless you have a voice recording of this person saying you are employed there won't be much you can do. Word of mouth really only influences a jury and only if conveyed very well, otherwise courts rely mostly on concrete proof rather than hearsay. Remember, just because you have done paperwork does not mean you have officially been accepted as an employee. You are not technically an employee until you are OFFICIALLY offered the position (pending paperwork, which is usually a clause on the paperwork itself). The next issue to get past is of course the fact that they are still offering you the job. If you did try to sue, what would likely happen would be that the company would say there was some error in the process of filing the paperwork and that is what this entire situation was about. But unless they specifically said to you that "you do not work here now" they never officially rejected or fired you. Once again, we go back to the vague language they use to avoid litigation - it's very useful. So, all the paperwork would show is there was some error, you were officially hired and that you have been cleared and scheduled for work whenever. Once they officially hire you, they are not required to have you go to work immediately, and therefore they could say this was just a period in which they were waiting for things to clear. To be honest, while lawsuits are very common most people do not realize how long, difficult and expensive they are. I mean, a case over this could end up taking like 5 years, tons of effort and thousands upon thousands of dollars in legal fees. Now, if you won a large settlement this wouldn't be that big of a problem, but it is unlikely you would ever win a great deal of money in this situation even if it was successful, which is unlikely too. If it is a large corporation, they have a large, expensive and very experienced legal team waiting to battle your single, affordable local lawyer. People rarely win against large corporations. And even if you did win, you would probably just be granted employment there (which you wouldn't want by then) or a small settlement. This is not meant to discourage you, but these are the realities. Especially in this situation, because it is all very vague and there doesn't seem to be any definitive, concrete proof of wrongful termination or breach of governmental employment regulations.

Brussell

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