Tuesday, August 24, 2010

I had a prov offer for job. They messed up the recruiting now offered someone else. Do I have legal case?

Basically the guy who took the exam the same time as me got told he fail the examination. I then got a provisional offer and moved closer to the job location....then they told me they had messed up the marking of the exam and the other chap has now got the job!!!I had a prov offer for job. They messed up the recruiting now offered someone else. Do I have legal case?
Try looking up the meaning of the word 'Provisional' ..I had a prov offer for job. They messed up the recruiting now offered someone else. Do I have legal case?
Depends on what they said to you ... a verbal offer is still a legally-binding offer once you have accepted it.





Offers are usually only provisional on things like satisfactory references, criminal records checks or proof of qualifications (yours, not someone else's!)





Did they tell you they were waiting for someone else's results? Did they agree a start date with you? Did they seek out your references? Did they pay for you to relocate? If these things have happened it would suggest they were intending to employ you ...





Sounds like you're not going to get anywhere with this actual job, and I think you have to ask whether you'd want to work for such an unprofessional organisation anyway. If you want to pursue it you could complain to them and seek your notice pay. If that gets you nowhere you could complain to an employment tribunal for breach of contract. If you think you've been discriminated against (e.g. race, age, religion, gender, disability, sexual orientation) then you could complain on that basis too.





But I think you need to ask yourself if it's worth all of that hassle, money, energy and time.
I would talk to an attorney right away. It sounds like there are elements of negligence.





1. They owed a duty.


2. The duty was breached.


3. There were damages.


4. The damages resulted from the breach.
If they make a error with the marking which caused you some expense you can claim what it has cost you because of their negligence. You can't make them give you the job.
That really sucks, but no I wouldnt say you have a legal case, it was only a provisional offer and you hadnt signed a contract.
I would say not. You should always wait for a proper / formal offer.





Sorry if this is not what you want to hear but you will be flogging a dead horse pursuing something like this.

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