Employment Law

questions & answers

Question: My job offer was rescinded after the offer.Reason given was that I was over qualified & would eventually "get an attitude" and have resentment. I was told by the recruiter that I was the only person he interviewed for the position, and the day of my second interview he said "don't blow it" do a good job.I met w/5 other people that day.The whole process took 30 days from start to finish. Recruiter was really complementary of my exp.I am absolutely upset by this behavior.I was offered the job,told to sleep on it & then rescinded when i called to accept. I have been out of work since June.

Answer: Arizona is an at-will employment state. That means that employment can be terminated at any time with or without cause or notice.  However, an employer cannot refuse to hire or fire someone on the basis of race, age, color, sex, religion, disability or national origin, per the Arizona Civil Rights Act.   
(http://www.azleg.gov/briefs/Senate/LABOR%20EMPLOYMENT%20LAWS.pdf)
(http://www.azag.gov/sites/default/files/documents/files/EmploymentDiscrimination.pdf)
Generally an offer can be revoked at any time before it is accepted, unless there is consideration (such as payment to keep the offer open). http://www.azbar.org/media/58793/contracts_2013.pdf
A claim of promissory estoppel could be made if a person made a promise that was foreseeable to both people that there would be reliance on the promise; the person who received the promise justifiably relied on the promise and suffered a detriment because of the reliance. However, a duty to mitigate, such as look for other means of employment must also be made. http://www.azbar.org/media/58793/contracts_2013.pdf
For more information please consult an attorney.

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QUESTIONS

  • My job offer was rescinded after the offer.Reason given was that I was over qualified & would eventually "get an attitude" and have resentment. I was told by the recruiter that I was the only person he interviewed for the position, and the day of my second interview he said "don't blow it" do a good job.I met w/5 other people that day.The whole process took 30 days from start to finish. Recruiter was really complementary of my exp.I am absolutely upset by this behavior.I was offered the job,told to sleep on it & then rescinded when i called to accept. I have been out of work since June.

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