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I live in Delaware, but was recentley hired in Pennsylvania. I filled out an application and filled out all paperwork that an employer provides. EX Tax information, etc. Mid December of 2016 I was told my start date would be January 2, 2017. I then gave my 2 weeks at my previous job with my new employer knowing that. A couple days after i was told my start date, I was told there was a better position available for me then the one i was hired for. The employer then proceeded to say he wasnt sure which side to put me on its 2 car dealerships connected but he made sure to tell me that no matter what, i still have a job there. I met with him numerous times, and recentely met with one of the service managers on December 31st as well as the manager who ive been speaking with and who hired me. I was told on the 31st that i would definately receive a phone call from them on Monday 1/2/17 with my NEW start date as well as the NEW position they decided for me that was different from when i first spoke with them. I did not receive a call from them on Monday so i waited until Tuesday and still nothing. I called on Tuesday, and one of the employees informed me that the manager did not ‘forget about me’ and will call me by the end of the night. I never received a phone call. Its now wednesday and i still havent heard from them.
Is it legal for the employer to completely ignore me and drop me after knowing i gave my 2 weeks at my previous job and after meeting with me numerous times, filling out new hire paper work, taking a pre employment drug test which i passed. He would always make sure i knew that i have a job there but they havent contacted me
Asked on January 4, 2017 under Employment Labor Law, Delaware
Answered 8 years ago | Contributor
From what is written, if in fact the job offer has been withdrawn, you may have a case for "promissory estoppel". The key issue in such a case is if the employer who has withdrawn the offer knew, or should have known, that the prospective employee quit an existing job (or that they turned down a different offer). The elements of promissory estoppel aka "detrimental reliance") are: 1) a promise which was reasonable rely on; 2) reasonable reliance was in fact put on the promise; 3) in such reliance, the person changed their position to their detriment; and 4) the promissor knew or should have known at the time they made the promise that it would be reasonable for the promissee to change their position, in reliance on the promise, to their detriment.
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