I Got The Job & Then It Was Given to Someone Else

Dear J.T. & Dale: I had been working as a contract project manager when, in January, another department manager offered me a better position. Both the old and new managers agreed that they would keep me in my current position and that they would hold the new position till the end of March. Then, in March, the new manager informed me that the position had been given to someone else. My question is, Do I have any legal rights to sue for the position that was offered to me? — Brian

J.T.: Offers are rescinded more than you can imagine. I’ve seen cases where people have quit their job and show up on the first day, only to be told that the offer was being taken back. It’s unfortunate, but my guess is that the manager of the new project was tired of waiting. And, even if both managers said they were fine with it, I have to wonder if both weren’t a little unhappy with the other. I’m sure your current managers were surprised to hear that you were leaving them mid-project for a new one, and may even have taken it personally. At the same time, the manager of the new project had his plans to hire you pushed back, and that most likely disappointed him too. I realize they seemed understanding and that a resolution was set, but you just never know.

Dale: But back to the legal issue. It’s a basic tenet of American jurisprudence that you can always sue somebody. But the issue is, when is your juris prudent? Certainly not here. I called one of my favorite employment lawyers, Scott Gordon of the Rodey Law Firm in Albuquerque, N.M., and asked if there was an angle to pursue that I was missing. Because you are an independent contractor, he mentioned “intentional interference with contractual relationships” but then pointed out that it could be seen as the corporation interfering with itself, which made me think of those Coke Zero ads with the perplexed attorneys. So, instead of spending money on lawyers and, hence, on making enemies, spend it on a career coach and on making new allies.

J.T.: Yes, I’d chalk it up to experience. The good news is that your performance was so good that two departments were fighting over you. So, you are truly free to be snatched up for a new project. Finally, I’d gently inquire into the project you lost to see how things are progressing. You just never know when things change, and they may still need you to take over.


Jeanine “J.T.” Tanner O’Donnell is a professional development specialist and founder of the consulting firm jtodonnell.com. Dale Dauten’s latest book is “(Great) Employees Only: How Gifted Bosses Hire and De-Hire Their Way to Success” (John Wiley & Sons). Please visit them at jtanddale.com, where you can send questions via e-mail, or write to them in care of King Features Syndicate, 300 W. 57th St, 15th Floor, New York, NY 10019.

© 2008 by King Features Syndicate, Inc.

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