Promised a job

[johnnyaico]

A former boss became the CEO of another company. Before he left the place we worked together, he said that he could use my services in his new company. However, because of a 1-year non-compete clause he had in his contract, he said that I would have to quit my current job for about a month or two to show a gap. Once he went on to the new company, we had a couple of conversations and he told me that he would have an opportunity for me. In fact, he told me that he was working on an employment package for me worth significant money and would call me in a couple of days. Well, I quit so I could take some time off thinking that I could use a little time off between jobs. I also thought that this was a sure thing. That was around 1 1/2 months ago. He doesn't return my calls, and when I do catch him when he's in the office, he tells me that he'll call me right back and never does. And by the way, this is for a senior position and involves major $$$$. I have become physically/mentally sick over this situation. I have a family and no job. I gave up a $200K job + options because I trusted this "friend", thinking there would be opportunities based on our conversations. Do I have cases for 1) breach of a verbal contract, and 2) emotional suffering and mental anguish? If so, what should I do with respect to finding a good attorney? What sort of damages can be expected?

 

[Ex HR Guy]

You ought to look at attorneypages.com and speak to several employment lawyers in your area. Have you written to your buddy, at home, and explained the position you are in? A letter without threats and one human to another may help, if the guy is human.
Unfortunately, I doubt that you have a case, but the lawyer may have a strategy.

 

[Attorney_Replogle]

It is clear that you could make a case for "detrimental reliance" on the promises and or conversations with the CEO of the potential employer. Your detrimental reliance was shown by your quitting your job, taking time off to show a break in service, and trusting that the CEO would indeed bring you onboard. Does this show that the employer had a duty to hire you? Was there an actual contract (oral) to hire you? These are the questions you should ask an employment law attorney near you. I don't know what state you are in so I can't be more specific. Under California law, it is my understanding that a potential employer has no duty to hire someone such as yourself, unless there is a contract to that effect. If you can show that there was a contract (oral or verbal) then your potential damages would include the wages and benefits you would have made (for at least one year) in the employ of the new company. You may also recover money to compensate for the emotional harm caused to you and your family. You can find an employment (or labor law) attorney near you at attorneypages

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Mark B. Replogle