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Can I take legal action against an employer in NY who made me sign a contract & leave my old job but reneged on their job offer?

New York, NY |

I left my Bank A due to an offer from Bank B. I was told by the headhunter (Bank B representative) to NOT accept any counter offers or change my mind once the contract was signed...I did just that. 2 weeks after I left, Bank A sued me (but they withdrew the case a month later) and Bank B withdrew their offer even though the suit from Bank A was withdrawn and no party was guilty of any charges (nothing took place in essence - we didn't even go to court).

Since then I have been unable to find suitable work, filed for bankruptcy, lost my house to foreclosure and fallen behind on child support payments. In 2 recent cases, after I made it to the last round of the interviews, I was passed over because of the lawsuit details on google. Is there anything I could do to get compensated?

Bank A tried to counter offer but as per the headhunter's advice, I did not take it - In retrospect, I should've. After leaving, I had a 3 month garden leave that was extended to 7 months by Bank A due to the legal issues we went through. However, for another person in my group joining the exact same team in Bank B, the garden leave imposed by Bank A was only 3 months - Felt that I was unnecessarily targeted.

Attorney Answers 4

Posted

There are a variety of factors at play based upon the facts you have given. You may want to arrange a consultation with an attorney.

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Posted

I agree that this is too complicated a fact pattern to answer over the web. I recommend that you consult an employment attorney to review the contract and the discuss what took place after it was signed.

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Posted

Consult a labor attorney to flesh out who the potential target could be and how, since this is a complicated situation.

If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

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Posted

Yes you have a colorable theory of tortious interference from your old employer as you had a signed contract in place with new employer.....all depends if you all signed a stipulation of settlement and what it says and whether with or without prejudice as to fundamental facts... I would have to review case details as to whether your seeking employment itself was a breach of contract with respects to A and therefore employer B was essentially interfering with your original contract with employer
A.....which I suspect was the basis for the now dismissed litigation.

My answer is not intended to be giving legal advice and this topic can be a complex area where the advice of a licensed attorney in your State should be obtained.

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