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I received a job offer, then had it retracted! - RF Cafe Forums
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Shot Down
Post subject: I received a job offer, then had it retracted!
Posted: Wed May 25, 2005 1:10 am
Anyone have a similar experience?
A company sent me an offer then turned around a week later and retracted
the offer with no discussion. I was shocked!
Top
Guest
Post subject: Posted: Wed May 25, 2005 6:21 am
I had a
similar case, when after signing the working contracy and 2 weeks before
I was supposed to start working for the employer, they forgot to remeber
that they need something from me, which wasn't mentioned beforehand
in the contract nor anywhere else. I couldn't provide it to them and
they posed an ultimatum to me. Upon that, I had to withdraw the working
contract. This is a breach of the contract, and therefore I sued the
company...
If you have had a viable working contract with them,
and they decided for their own reasons to withdraw it, then you can
sue them, plain and simple!
It would also help us a lot if you
post the name of this company in this forum and at any other forums,
so that people can avoid such pitfall as you faced with this employer
and avoid contacting them.
There are employer who don't deserve
the right to recruit and hire people just because they treat people
like scum!
Top
Kirt Blattenberger
Post subject:
Posted: Wed May 25, 2005 8:00 am
Site Admin
Joined:
Sun Aug 03, 2003 2:02 pm
Posts: 308
Location: Erie, PA
Anonymous
wrote:
It would also help us a lot if you post the name of this company
in this forum and at any other forums, so that people can avoid such
pitfall as you faced with this employer and avoid contacting them.
Greetings Shot Down:
I like the idea of a lawsuit if
you were illegitimately hosed by the company.
However, if you
do plan to pursue a lawsuit, it would probably be a good idea not to
post any of the gory details here yet - it could work against you.
Otherwise, tell us your story, but be careful of slanderous comments
that the company could hold you liable for.
- Kirt Blattenberger
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Guest
Post subject: Posted: Wed May 25,
2005 10:56 am
Kirt,
There is nothing slanderous or any kind
of defamation of character, since if the guy's story is right and based
on true facts that really happened!
Defamation of character is
based on allegations and things which didn't happen that one uses to
slander an individual or an organization. Therefore, it would be the
right thing if he will publish the name of the company, so other guys
wouldn't face the pitfall like he did.
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Kirt Blattenberger
Post subject: Posted: Wed May 25, 2005 12:36 pm
Site Admin
Joined: Sun Aug 03, 2003 2:02 pm
Posts: 308
Location:
Erie, PA
Greetings:
I agree that speaking the truth is never
slanderous; however, snake lawyers have a way of negating truth with
motive. If Shot Down has any thoughts of pursuing a lawsuit, he/she
would do well to suppress the urge to lash out with enough detail for
inferrences to be made in court.
If, however, Shot Down has no
plans to sue, then let's hope he/she "shines the light of truth" on
the matter. Any company that pulls the kind of crap described by Shot
Down deserves to be exposed one way or the other.
Here's a pertinent
excerpt from article that I found with a quick Google Search:
"Goldin has a contract with BU, unlike many hirees sent packing
by prospective employers. However, to avoid a lawsuit, some US companies
will ''buy out'' a job candidate after revoking an offer of employment,
said attorney Richard Alfred, a partner at Seyfarth Shaw LLP in Boston.
"
Full text - http://bostonworks.boston.com/globe/art ... scind.html
This should be interesting.
- Kirt Blattenberger
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Kirt Blattenberger
Post subject: Posted: Wed
May 25, 2005 12:50 pm
Site Admin
Joined: Sun Aug
03, 2003 2:02 pm
Posts: 308
Location: Erie, PA
Greetings:
I found this article by Nick Corcodilos, of "Ask the Headhunter®"
fame.
Deadly Job-Hunting Assumption #2: The Job Offer Fallacy
http://wcco.jobdig.com/index.php?page=f ... tegoryID=1
Just
another data point...
- Kirt Blattenberger
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Shot Down
Post subject: Posted: Wed May 25, 2005
2:45 pm
Thanks for the posts. I have no plans for a lawsuit. Not
sure if I would have a case since I never came to a mutual agreement
with the company.
I accepted the offer (with questions) through
email. The offer was vague and I wanted to clarify some of the finer
points. For example the offer said, "Health insurance, life insurance,
retirement plan etc. will be provided." I asked questions to clarify
the "etc" part. Who wouldn't?
I also asked if the position was
still as described, since two months had passed since the interview
had taken place. I don't know if others have experienced this, but every
position I have ever accepted in the past turned out to be something
different than described. It's as if companies will say whatever they
want just to get you in the door. I thought this was a reasonable question.
They responded a week later saying they had selected another candidate,
leaving me thunderstruck! They had kept me hanging for over two months!
I don't want to target any company here for bashing, but if stating
their name can help others, I have no problem doing so. The company
is RFHIC based in S. Korea. They are looking to expand into the US market
by opening a facility in NC. I was interviewing to be their first US
hire. I'm sure this happened due to their inexperience with hiring US
employees.
Top
kpainter
Post subject: Posted:
Wed May 25, 2005 4:36 pm
Colonel
Joined: Wed Aug
20, 2003 11:47 am
Posts: 47
Location: Santa Barbara, CA
As
one with experience in working for a S. Korean company and worked with
another while at a US company, I can say this without going into any
detail: You can consider yourself to be very lucky. I will never work
for a Korean firm again.
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guest
Post subject:
join the clubPosted: Wed May 25, 2005 6:31 pm
join the club shot
down. been there done that !
this is outsourcing's fault, instead
of suing the company, get mad at the government and the corporations
allowing that company to come here, steal out markets and jobs and then
use us.
why the hell would you help your enemies whether from
any part of asia, by outsourcing to them, thereby helping them compete
against us, stealing our technology and so on ?
the politicans
are against "certain" countries in asia, you know who i am talking about,
but yet outsource
Top
guest
Post subject: God
willPosted: Wed May 25, 2005 7:35 pm
If It is god will, you can't
do anything about it
Top
guest
Post subject:
??Posted: Thu May 26, 2005 12:08 am
so you don't believe in human
being's free will then ? it's all predetermined ?
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guest
Post subject: Posted: Thu May 26, 2005 6:51 pm
Many
things can be improved or the change can be slowed down if ones try
very hard,, but ones can't change the course of trend, it is out of
any politician(even president) control. Unfortunately human being have
to accept the power of god and nature
Top
malvinas2
Post subject: Posted: Fri May 27, 2005 4:02 am
@kpainter:
Can you tell a little bit more about your experiences with south-korean
companies (it's not necessary to mention names) ?
Top
Kirt Blattenberger
Post subject: Re: I received a job offer,
then had it retracted!Posted: Thu Jun 23, 2005 9:05 pm
Site
Admin
Joined: Sun Aug 03, 2003 2:02 pm
Posts: 308
Location:
Erie, PA
Shot Down wrote:
Anyone have a similar experience?
A company sent me an offer then turned around a week later and retracted
the offer with no discussion. I was shocked!
Greetings:
Notice: I erred in the post and said it was Shotdown. Actually,
it was someone else that had a similar experience as Shotdown, only
with an employer in New Zeland. I apologize for the mistake and confusion
it caused.
A frequent RF Cafe visitor sent me a copy of the letter
sent by his attorney to the company (names removed). To date, the subject
has not been resolved. Here is the letter:
http://www.rfcafe.com/references/articl
... Letter.PDF
- Kirt Blattenberger
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malvinas2
Post subject: Posted: Fri Jun 24, 2005 3:40 am
I don't understand what really happened: In the forum Shotdown talked
about a company RFHIC based in S. Korea, which is looking to expand
into the US market, but in his letter he writes about a job in New Zealand
?!?!
Be that as it may, I don't believe that a lawyer will succeed
in a foreign country. I mean, imagine you received a letter from a lawyer
in S. Korea or New Zealand, you would be rolling on the floor laughing.
Sad but true
Top
Terry
Post subject: Breach
of contractPosted: Fri Jun 24, 2005 4:45 am
Hi Guys,
I have had
more experience than most when it comes to this sort of thing, If it
wasn't for the fact that the UK was not the sort of place where you
could sue for stuff like this I would probably be a multi millionaire
by now.
At the end of the day the company hiring is paying the bucks
and they play by their own rules... not to say you don't have rights
but in my experience I prefer to be a contractor, you don't get the
same status as a permie but at least it pays well, I have been a contractor
now for 25 years and have no regrets.
Top
Kirt Blattenberger
Post subject: Posted: Fri Jun 24, 2005 11:28 am
Site Admin
Joined: Sun Aug 03, 2003 2:02 pm
Posts: 308
Location:
Erie, PA
malvinas2 wrote:
:?: I don't understand what really
happened: In the forum Shotdown talked about a company RFHIC based in
S. Korea, which is looking to expand into the US market, but in his
letter he writes about a job in New Zealand ?!?!
Be that as
it may, I don't believe that a lawyer will succeed in a foreign country.
I mean, imagine you received a letter from a lawyer in S. Korea or New
Zealand, you would be rolling on the floor laughing. Sad but true
Greetings malvinas2:
I screwed up with who sent me
the lawyer's letter. Please see above correction. Sorry for the inconvenience.
- Kirt Blattenberger
Top
IR
Post subject:
Posted: Thu Jul 07, 2005 6:05 am
Site Admin
Joined:
Mon Jun 27, 2005 2:02 pm
Posts: 373
Location: Germany
Quote:
Be that as it may, I don't believe that a lawyer will succeed in a foreign
country. I mean, imagine you received a letter from a lawyer in S. Korea
or New Zealand, you would be rolling on the floor laughing. Sad but
true
A working agreement is an agreement as any kind of agreement,
namely a binding document that has to be honored. Agreements are meant
to be honored and have behind them all the legal obligatios in the case
of breach. So there is no meaning to where the agreement was written
and signed, it has to be honored!!
Just a point for thinking:
A company that breaches an employment agreement, can also breach an
agreement with its customers (For example, guarantee agreement for products)
_________________
Best regards,
- IR
Top
guest
Post subject: Posted: Fri Jul 08, 2005 3:00 pm
I once worked for a company who also retracted job offers placed. I
am sure most companies deal with customers, employees and stock-holders
equally ethically.
For the others a Forum like this one is a good
place to alert people of company practices. A good way to put pressure
on companies to deal fairly with everyone. A good way to avoid disaster.
Thank you for the tip.
Top
Headhunter
Post subject:
Posted: Wed Sep 14, 2005 4:56 pm
I am a headhunter working this
area since the 90's.
It is unusual that a job offer will be withdrawn.
It is much, much more likely that an engineer will accept a counter
offer from his or her current employer when he or she resigns. In that
case the company just moves on.
As for suing the company over
retracting an offer. Whoever paid for that letter to be written is living
on cloud ko ko land. Just because you (try) and string together some
large words does not mean that it is a legal document.
He would
be far better of to see if there was the equivalent of a small claims
court in NZ and wether or not he as a non resident would have legal
standing in a NZ court. If so file the papers and then see if teh company
wants to settle because of teh hassle and potential adverse publicity.
The system can work for you but only if you use it wisely
I sued a N. Cal company beacause they tried to renage on a recruitment
agreement I had with them and they settled for $60K. I spent about $500
on filing the correct forms and using a paralegal to serve them. So
it can be done if you do a little research and use the system
Top
IR
Post subject: Posted: Thu Sep 15, 2005 5:07
am
Site Admin
Joined: Mon Jun 27, 2005 2:02 pm
Posts: 373
Location: Germany
Dear Headhunter,
Quote:
It is unusual that a job offer will be withdrawn. It is much, much more
likely that an engineer will accept a counter offer from his or her
current employer when he or she resigns. In that case the company just
moves on.
I am the one with the NZ ordeal, and no I didn't
have any counter offer from my employer, simply because that my employer
back then didn't have a clue (Luckily!!!) that I wish to leave the company.
Quote:
As for suing the company over retracting an offer.
Whoever paid for that letter to be written is living on cloud ko ko
land. Just because you (try) and string together some large words does
not mean that it is a legal document.
I am living on earth
my dear, and I paid the lawyer to write this letter based on the true
facts that happened. You of course stands on the employers' side because
they pay your commmision and for that matter you are not better than
a common pimp in the corner of the street.
Quote:
He would
be far better of to see if there was the equivalent of a small claims
court in NZ and wether or not he as a non resident would have legal
standing in a NZ court. If so file the papers and then see if teh company
wants to settle because of teh hassle and potential adverse publicity.
I did my homewoek very well, and studied the NZ employment law
by heart. Unfortunately the laws in NZ stand to the right of the employer
rather than the right of the employee. And their ERA2000 law wasn't
assimilated well and implemented at the time this matter took place.
Furthermore, I was assisted by a professor of employment law from
the university of Wellingotn Mr. Gordon Anderson, here is his website:
http://www.law.vuw.ac.nz/vuw/content/pe ... ations=all
Who advised me that nothing can be done versus this employer - the
best I would get as compensation would cover the costs of the trial.
So "The system can work for you but only if you use it wisely"
doesn't apply in this case.
I suggest that before posting any
of your bullshit you should read better!
_________________
Best regards,
- IR
Top
Guest
Post subject:
Retraction of Offer LetterPosted: Sat Sep 24, 2005 9:31 pm
Thank
you, everyone, for sharing your stories and knowledge here.
Now, I experienced a job offer for the position of Executive Assistant
from a company in Dallas Texas. I live in New York. I flew from NY to
Dallas, had the interview, and then received the phone call and official
offer letter via email. The HR Manager congratulated me and said she
sent out the official offer letter in the mail, which I had also received
via email. Within 24 hours of the job offer I gave notice to my company/employer,
put deposit down on my new place, told all family, my current company
immediately paid for ads to go into the online job market, I gave notice
to my landlord of my departure, etc. I also have with me the physical
paper and signature containing the job offer, with official start date,
details of my benefits, details of my yearly salary broken down into
weeks, and a note of congratulations.
The day after I received
the email and the phone call notifying me of the job offer, I received
a phone call from the HR Manager saying the CEO changed his mind. I
asked for the CEO to write me a personal email to confirm that was true.
The CEO indeed wrote a short email confirming they had retracted the
offer.
The company is Executive Agent Group in Dallas Texas
and the CEO is Michael P. McIntyre. He also apparently has other companies
such as Addison Insurance Marketing, Inc.
After this incident,
I found plenty of public legal material out there on the web citing
legal action that has been taken against him in the past. (i.e. http://www.doj.state.or.us/releases/rel092401.htm)
He apparently has been sued by the Attorney General for many misrepresentations
in the sale of trusts to the elderly.
I have suffered so much
humiliation, financial consequences, loss of trust between former and
employer and myself, lost time, serious loss of other employment opportunities,
and other damages as a result of this despicable man.
I welcome
any of your advise or comments.
Top
Guest
Post
subject: Re: Retraction of Offer LetterPosted: Fri Oct 07, 2005 7:50
pm
Guest wrote:
Thank you, everyone, for sharing your stories
and knowledge here.
Now, I experienced a job offer for the position
of Executive Assistant from a company in Dallas Texas. I live in New
York. I flew from NY to Dallas, had the interview, and then received
the phone call and official offer letter via email. The HR Manager congratulated
me and said she sent out the official offer letter in the mail, which
I had also received via email. Within 24 hours of the job offer I gave
notice to my company/employer, put deposit down on my new place, told
all family, my current company immediately paid for ads to go into the
online job market, I gave notice to my landlord of my departure, etc.
I also have with me the physical paper and signature containing the
job offer, with official start date, details of my benefits, details
of my yearly salary broken down into weeks, and a note of congratulations.
The day after I received the email and the phone call notifying
me of the job offer, I received a phone call from the HR Manager saying
the CEO changed his mind. I asked for the CEO to write me a personal
email to confirm that was true. The CEO indeed wrote a short email confirming
they had retracted the offer.
The company is Executive Agent
Group in Dallas Texas and the CEO is Michael P. McIntyre. He also apparently
has other companies such as Addison Insurance Marketing, Inc.
After this incident, I found plenty of public legal material out
there on the web citing legal action that has been taken against him
in the past. (i.e. http://www.doj.state.or.us/releases/rel092401.htm)
He apparently has been sued by the Attorney General for many misrepresentations
in the sale of trusts to the elderly.
I have suffered so much
humiliation, financial consequences, loss of trust between former and
employer and myself, lost time, serious loss of other employment opportunities,
and other damages as a result of this despicable man.
I welcome
any of your advise or comments.
I know the company quite
well. Are you still in Dallas?
Top
IndianJazz
Post subject: same kind of situation please helpPosted: Tue Oct 11,
2005 11:02 am
I got a job offer and i resigned from my old company
without filing for H1B and new copany withdraw the offer because they
didn't like my bahviour. Is this could be the reason to withdraw the
job offer. I didn't sign anything with the company.....Can i sue them.
Top
kanling
Post subject: Posted: Tue Oct 11, 2005
3:31 pm
Colonel
Joined: Mon Jul 18, 2005 4:31 pm
Posts: 32
Location: Baltimore, MD
Quote:
I got a job offer
and i resigned from my old company without filing for H1B and new copany
withdraw the offer because they didn't like my bahviour. Is this could
be the reason to withdraw the job offer. I didn't sign anything with
the company.....Can i sue them.
You can, but you'll lose.
Posted 11/12/2012
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