Can a contractor be sued for offering a job position, then rescinding the offer months later after the person resigns from their current job...

Question

Can a contractor be sued for offering a job position, then rescinding the offer months later after the person resigns from their current job to take the job offer?

Answer

In some circumstances, the contractor can be sued. There is a theory of promissory estoppel that would hold an individual liable for damages sustained because someone detrimentally relied upon the promise that they made. However the facts will tell the result. I would need to look at all of them before giving a more substantive response.

Michael A. Caldwell

404-979-3154

Answer

The general answer, in the great majority of cases is no, and the theory of promissory estoppel rarely (at best) works for this situation in Georgia. You might take the paperwork to a lawyer to see if you have a contract claim, but unless there is more to the story it was your decision to take the chance on a job (keeping in mind that even had you taken the job, you could have been terminated the second day if you had no contract).