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Ask HN: Offer of Employment retracted

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Ask HN: Offer of Employment retracted

#1
I was offered a Senior RoR dev position at a 50-ppl funded and revenue-generating bay area company last week. I accepted, signed, and was excited to join this company. Subsequently I gave my two-week notice at my current job (not in the bay area). They have started my exit process here.

This afternoon I got a call from the HR that they are retracting my offer as "circumstances have changed and they are eliminating the position". I am literally shocked as I have a perfectly good, well-paying job at a Fortune 500 company where I've worked for 5+ yrs that I resigned from to join this small company.

What is my recourse in this situation? I was told by the Engineering Manager in this company that I got two thumbs up from all the interviewers and they were looking forward to me joining. He even sent me tech documents to go over a couple days ago.

I don't know what to do. Not only does this affect my employment situation but also my immigration situation. Not having a job impacts my ability to stay in the US.

I can't go back to my current team now as it will not only look ridiculous but my commitment will be questioned as well.

Please advise. I'm just really distressed and upset right now.

Re: Ask HN: Offer of Employment retracted

#2
Talk to a lawyer and ask what "detrimental reliance" means. (Short version: what you just did owing to representation that they had a job for you. Comes with damages.)

Let your old company tell you you can't have your job back, don't make that decision for them.

Re: Ask HN: Offer of Employment retracted

#4
That really really sucks. This happens, fortunately not frequently. I take it you have copies of all the documents and the preceding correspondence as well.

First order of battle is to be candid with your current employer to see if you can get your old job back, you may have to promise them not to leave within the next six months or so, conversely you can expect to be let go at any moment.

Think of it as a stopgap measure.

Next stop after that is the office of a lawyer specializing in HR affairs.

Don't worry too much about looking ridiculous, you would look a lot more ridiculous losing your dwelling or having no food on the table.

Pride is a virtue but fairly useless at this point in time.

Re: Ask HN: Offer of Employment retracted

#5
post #2

Talk to a lawyer and ask what "detrimental reliance" means. (Short version: what you just did owing to representation that they had a job for you. Comes with damages.) Let your old company tell you you can't have your job back, don't make that decision for them.

Careful about paying a lawyer up front, though, because it's apparently very hard to make a detrimental reliance claim about a rescinded at-will job offer; it appears to be impossible in several states (at least Florida, Louisiana) and very hard elsewhere.

In the US, most jobs are at-will (you can be fired for no reason, and you're not supposed to rely on your employer maintaining your job); a Rails dev job certainly is.

That said: Patrick is almost certainly right that your company will be happy to keep you on. It'd be almost irrational not to.

Re: Ask HN: Offer of Employment retracted

#6
People quit jobs all the time. For you, this is a big deal because you don't quit jobs all that often. I suggest that you explain to your employer what happened, and ask for your current job back. Chances are they will be happy to have you back.

Re: Ask HN: Offer of Employment retracted

#7
[Removed bad advice about portraying this as a change of mind rather than a rescinded job offer to his current employer]

Talk to the manager at your current company and tell him that you want your job back or at least a longer notice period. They probably won't mind having you around to do more knowledge transfer for a few more weeks and look for another job.

Meanwhile, consider what patio11 said. IANAL and employment offers often have a clause saying something about how they are non-binding etc, but I am not sure how enforceable those terms are. You may indeed have a case.

Separately, start applying for jobs elsewhere. RoR is a valuable skill and fresh from a successful (although unfortunate) interview, you are well placed to ace more interviews.

Good luck!

Re: Ask HN: Offer of Employment retracted

#8
post #2

Talk to a lawyer and ask what "detrimental reliance" means. (Short version: what you just did owing to representation that they had a job for you. Comes with damages.) Let your old company tell you you can't have your job back, don't make that decision for them.

I don't want to make a decision for my current company. They may even let me have it back. I'm on very good terms with my team too and they were in fact, disappointed to see me go.

I'd just hate myself to go back with my head hung in shame telling them that 'oh my job didn't work out'...take me back. I had a farewell lunch yesterday. Everyone in my extended team knows I'm leaving. My exit interview is planned for early next week and they're processing my final paystubs.

I can't believe this level of unprofessionalism exists.

Re: Ask HN: Offer of Employment retracted

#9
post #5
post #2

Talk to a lawyer and ask what "detrimental reliance" means. (Short version: what you just did owing to representation that they had a job for you. Comes with damages.) Let your old company tell you you can't have your job back, don't make that decision for them.

Careful about paying a lawyer up front, though, because it's apparently very hard to make a detrimental reliance claim about a rescinded at-will job offer; it appears to be impossible in several states (at least Florida, Louisiana) and very hard elsewhere. In the US, most jobs are at-will (you can be fired for no reason, and you're not supposed to rely on your employer maintaining your job); a Rails dev job certainly…

[deleted]

Re: Ask HN: Offer of Employment retracted

#10
post #8
post #2

Talk to a lawyer and ask what "detrimental reliance" means. (Short version: what you just did owing to representation that they had a job for you. Comes with damages.) Let your old company tell you you can't have your job back, don't make that decision for them.

I don't want to make a decision for my current company. They may even let me have it back. I'm on very good terms with my team too and they were in fact, disappointed to see me go. I'd just hate myself to go back with my head hung in shame telling them that 'oh my job didn't work out'...take me back. I had a farewell lunch yesterday. Everyone in my extended team knows I'm leaving. My exit interview is planned for ear…

There is no shame in this, there is just the reality that you were dealt with in an unprofessional way and I think that they will see it just like that.

If you're any good at all your boss will be happy to see you back but I wouldn't count on a raise or promotion until you've more than proven to be there to stay.

And it wouldn't hurt to have a solid backup plan just in case they do decide to lay you off at some point in the future.

Keep in mind too that since you left voluntarily that if they do take you on again it counts as a new employment, essentially you're a new hire. You may even have to re-negotiate your salary.

Being out of a job normally would be hard enough, but since your residence depends on your job there is a very important reason to make this work.

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