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Employment

New York, NY |

I interviewed for my Job as Dentist. The company has recruiters ,who offered me a Job on phone. However, they promised me to send contract( Agreement) after dealing with some negotiation I had. In back and forth Emails, they ensured that I will get contract as soon as ,they hear from upper level.
First they denied if I am offered a job, so i furnished emails.Then they said sorry, that it was misunderstanding between recruiters and kept me hanging. I feel so betrayed. I am willing to plan legal Action. Please guide.

Attorney Answers 4


  1. Contact an employment lawyer and bring along all the texts to determine whether you had an offer and a contract.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.


  2. You likely didn't have an enforcible offer because the emails made it subject to a contract. Consult an employment lawyer.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


  3. It has to be determined if the e-mails, taken together, contain a written unconditional offer and acceptance of employment that contain all the terms required of an employment contract in NY. "Unconditional" means the agreement was not subject to any further action, negotiation on material points, or any vetting of your background and qualifications. You should seek counsel from an employment attorney regarding this. An employment lawyer such as myself can review your case and, if warranted, send the company and the recruiter a lawyer's letter that would get their attention and perhaps get the company to re-think hiring you.


  4. Unlikely you have any recourse at all as your question admits their was open points of negotiation to be resolved but in fact were not....so the fact that there was no meeting of the minds on one or more material matters will defeat any conclusion to the contrary., especially if had to do with noncompete and/or non solicitation issues post-termination of the contract in question.
    My advice to you is to put your negative emotions aside for the moment and write a very polished and professional letter to the employer that withdrew the offer and inform them that although they are free to change their minds midstream that the way they did so was unprofessional and that you hope that this was just one instance and not their usual may of conducting business. The point will have been made and --who knows-- they may call you back realizing you are the kind of person who is professional to the end and better than they are. Burning bridges may nit be the best use of your time and money seeking retribution in the courts that will reflect negatively when you sit down for the next employer and they find out you are very litigious....could hurt you in ways you do not see at present.

    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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