Job offer rescinded. Any recourse?

On Apr 12, 8:22 am, Kelly.Iva...@gmail.com wrote:
> I have interviewed
> with a prospective employer and have received a detailed offer. I have
> accepted said offer and given my current employer a month notice.
> Two weeks before my start date in the new company, the new employer
> has notified me that they would have to "push back" my offer,
> indefinitely.

Ouch.  However, unless you had a specific length of employment contracted for (e.g. a 1 year minimum guarantee) with your new employer, most USA states apply the rule of "employment at will" meaning, you can quit or be fired at any time, for any reason, or for no reason at all, as long as it is not for an illegally discriminatory reason based on your membership in a protected class (race, sex, national origin, religion, disability, etc).

> Does anyone know whether I have any legal course of action?

If, as you do NOT say, you made your acceptance of the new offer with a specific written recitation and acknowledgement that you would be taking changes in your position, moving, etc. at your own cost and detriment based on your reliance on their offer, you MAY have a legally sufficient claim of "detrimental reliance" or so-called "promissory estoppel" to make your new company responsible for any damages you incur from their reneging on the offer, contingent of course on YOU making every reasonable effort to obtain new, comparable employment elsewhere.

Speaking of which, what if anything prevents you from going back to your present employer, telling them frankly what happened, tearing up your resignation (figuratively I mean) and asking to be kept on?  If they like the job you are doing now and haven't already hired a replacement whom they would have to similarly boot out before she starts, wouldn't it be easier for both of you if you just stay on?   Worth a shot.

> (the new employer is in New York state)

I don't know NY law.   Perhaps there are specifics of local law that would be helpful to you.  IMO talking to a NY lawyer in or near the town you were going to move to (look 'em up online, find one who does "employment law", pick up the phone and call; the brief screening consultation on the phone should be free, except for your phone charges of course).  Good luck,

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Mike Jacobs
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