Had a similar experience with Google a few months back - very disappointing how some companies play with people's future.
Tesla Rescinds Job Offer
71–80 of 145 posts
Re: Tesla Rescinds Job Offer
#72Earlier quoted context omitted.
At-will employment doesn’t really factor in here. The central issue is that Tesla gave him a job offer and based on that offer he resigned from his prior job. Tesla then reneged on their offer weeks later. The damages are the lost wages due to them not following through with the job offer after they caused him to resign.
I suppose the point is that's there's little difference, practically speaking, between this situation and being fired 5 minutes into your first day on the job.
I’d agree. You’d likely want to consult an attorney in that case as well, because barring some pretty extraordinary circumstances being fired 5 minutes into a job suggests the company didn’t actually employ you in good faith.
It’s relevant that tortious interference isn’t specific to employment, and thus isn’t really impacted by at-will employment. A company can legally rescind a job offer, or fire you 5 minutes onto the job. The civil claim isn’t that they can’t fire you, it’s that their employment contract was done in bad faith, and that they owe you for losses you incurred as a result of being a good faith actor who entered a contract with a company acting in bad faith.
Re: Tesla Rescinds Job Offer
#73Earlier quoted context omitted.
He would lose 99.999% of the time thanks to `at will` employment.
At-will employment doesn’t really factor in here. The central issue is that Tesla gave him a job offer and based on that offer he resigned from his prior job. Tesla then reneged on their offer weeks later. The damages are the lost wages due to them not following through with the job offer after they caused him to resign.
I don't think that's really how job offers and at-will employment work. An employer can terminate an employee at any time (even before they've started) as long as the cause for termination is not illegal. "Employment contracts" are contracts, and a stipulation of that contract is the at-will nature of the employment.
Re: Tesla Rescinds Job Offer
#74The same thing happened to me in late 2018. I was hired to write a compiler for deep learning (training) on Tesla's in-house hardware, under Peter Bannon. I resigned from the job I had at the time, and Tesla backed out of the contract shortly before my start date. Tesla is ruthless.
Isn't this promissory estoppel? Like they promised that you would start at a certain date, causing you to quit your current job. Then they withdrew the promise, causing you to be unemployed.
A clever tatic to remove key employees from competitors.
Re: Tesla Rescinds Job Offer
#75Earlier quoted context omitted.
Are there actually countries where employees can't quit if they want to?
I've read in France you need to give a notice period to your employer thought they can waive it. Not sure what is the consequence if they just walked out. https://www.eurofound.europa.eu/observatories/emcc/erm/legis... Also I know from someone that worked in India that the employer would hold back some money which would be forfeited if they left without giving a notice period. Not sure how common that is.
Re: India. It’s very common. Large IT firms like Tech Mahindra, Cognizant etc do it. I had offers from a company where they wanted around 1 year salary of signed check. If I leave before 2 years, they use the check.
Some companies go a step ahead and keep your original documents (Degree certificate etc) so you can’t apply elsewhere after accepting offer. It’s ridiculous.
Re: Tesla Rescinds Job Offer
#76Earlier quoted context omitted.
He would lose 99.999% of the time thanks to `at will` employment.
It's part of an implied contract however. Unless you know of some court cases where people lost because of it.
An implied contract that can be terminated at any time with or without cause
Re: Tesla Rescinds Job Offer
#77If he wanted to, he could probably sue Tesla for tortious interference of his previous job, since he gave notice at the previous job because of them. Also, it really sucks that Tesla didn't offer him severance given that he was effectively laid off. Hopefully he can at least get unemployment.
It's sad that to address his issue he probably has to burn down any and all opportunity with Tesla.
[deleted]
Re: Tesla Rescinds Job Offer
#78Earlier quoted context omitted.
At-will employment doesn’t really factor in here. The central issue is that Tesla gave him a job offer and based on that offer he resigned from his prior job. Tesla then reneged on their offer weeks later. The damages are the lost wages due to them not following through with the job offer after they caused him to resign.
I suppose the point is that's there's little difference, practically speaking, between this situation and being fired 5 minutes into your first day on the job.
[deleted]
Re: Tesla Rescinds Job Offer
#79This is sadly a lot more common than people realize. It's drilled in your head that as an employee you should never ever renege on a job offer or accept a better one too soon because you are "burning bridges" and that is very bad, but it never works the same the other way around. Budgets change all the time. Departments go through reorgs. Projects get cancelled. "Hey but we have an open job offer" is never going to b…
I feel for this candidate and I’m sorry he has to go through this. However, candidates aren’t innocent in all of this either. I’ve been on the other side in the hiring seat where candidates accept an offer and then cancel in the days leading up to starting. This comes after closing out the remaining candidate pipeline and telling potentially qualified candidates that the position was filled. It’s not a good look to have to go back to a candidate to let them know they were the second choice. Maybe there’s less sympathy because it impacts a company and it feels victimless. But it can be painful and expensive for a small startup to have to restart the process.
Re: Tesla Rescinds Job Offer
#80Earlier quoted context omitted.
Also, emoployees can leave company any time. And they leave companies on short notices! Cuts both ways!
But you may not get good refs (necessary for future employment) if you try to play by the same rules as the employer and give no notice. Even if the mandatory notice period is equal, the power balance isn't.
> good refs (necessary for future employment)
Unnecessary if you have chops. Interviewing a candidate's references is a sucker move anyway.