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He would lose 99.999% of the time thanks to `at will` employment.

by GiorgioG 5y ago

MeinBlutIstBlau 5y ago
It's part of an implied contract however. Unless you know of some court cases where people lost because of it.
- void_mint 5y ago
  An implied contract that can be terminated at any time with or without cause
akerl_ 5y ago
At-will employment doesn’t really factor in here. The central issue is that Tesla gave him a job offer and based on that offer he resigned from his prior job. Tesla then reneged on their offer weeks later. The damages are the lost wages due to them not following through with the job offer after they caused him to resign.
- simondw 5y ago
  I suppose the point is that's there's little difference, practically speaking, between this situation and being fired 5 minutes into your first day on the job.
  - akerl_ 5y ago
    I’d agree. You’d likely want to consult an attorney in that case as well, because barring some pretty extraordinary circumstances being fired 5 minutes into a job suggests the company didn’t actually employ you in good faith. It’s relevant that tortious interference isn’t specific to employment, and thus isn’t really impacted by at-will employment. A company can legally rescind a job offer, or fire you 5 minutes onto the job. The civil claim isn’t that they can’t fire you, it’s that their employment contract was done in bad faith, and that they owe you for losses you incurred as a result of being a good faith actor who entered a contract with a company acting in bad faith.
  - deleted 5y ago
    [deleted]
- void_mint 5y ago
  I don't think that's really how job offers and at-will employment work. An employer can terminate an employee at any time (even before they've started) as long as the cause for termination is not illegal. "Employment contracts" are contracts, and a stipulation of that contract is the at-will nature of the employment.
infamouscow 5y ago
You have absolutely no idea what you're talking about. Good lawyers usually give free consultations, especially the ones that see nothing but huge payouts for taking cases like this.

He would lose 99.999% of the time thanks to `at will` employment.

MeinBlutIstBlau 5y ago

It's part of an implied contract however. Unless you know of some court cases where people lost because of it.

void_mint 5y ago
An implied contract that can be terminated at any time with or without cause

akerl_ 5y ago

At-will employment doesn’t really factor in here. The central issue is that Tesla gave him a job offer and based on that offer he resigned from his prior job. Tesla then reneged on their offer weeks later. The damages are the lost wages due to them not following through with the job offer after they caused him to resign.

simondw 5y ago
I suppose the point is that's there's little difference, practically speaking, between this situation and being fired 5 minutes into your first day on the job.
- akerl_ 5y ago
  I’d agree. You’d likely want to consult an attorney in that case as well, because barring some pretty extraordinary circumstances being fired 5 minutes into a job suggests the company didn’t actually employ you in good faith. It’s relevant that tortious interference isn’t specific to employment, and thus isn’t really impacted by at-will employment. A company can legally rescind a job offer, or fire you 5 minutes onto the job. The civil claim isn’t that they can’t fire you, it’s that their employment contract was done in bad faith, and that they owe you for losses you incurred as a result of being a good faith actor who entered a contract with a company acting in bad faith.
- deleted 5y ago
  [deleted]
void_mint 5y ago
I don't think that's really how job offers and at-will employment work. An employer can terminate an employee at any time (even before they've started) as long as the cause for termination is not illegal. "Employment contracts" are contracts, and a stipulation of that contract is the at-will nature of the employment.

infamouscow 5y ago

You have absolutely no idea what you're talking about. Good lawyers usually give free consultations, especially the ones that see nothing but huge payouts for taking cases like this.