18 ms·

Most people get most of their income from salary; you don't think loss of all your income is detrimental?

dragonwriter 3y ago
No, I'm saying that the delta between breaking the promise by rescinding the offer and the worst-case situation consistent with carrying through with the offer (giving you and at will employment and firing you as soon as possible thereafter) is very little, and thus there are unlikely to be significant damages even if the threshold of reasonable, detrimental reliance is met.
- bsder 3y ago
  If you left your job based on such a promise, your damages are some significant fraction of the salary you left. Yes, you are "at will" but that doesn't mean a company can just completely do as it pleases. If you have certain things like moving expenses that are expected to be repaid if you leave within a year that sets up certain promises and expectations. Or, if you sold your house in preparation to move, there are also pretty obvious damages. For a lot of software developers, these damages are not small. In addition, the case is pretty clear cut and lawyers are very likely to take it on contingency. You also might find Flexport amenable to negotation on something they're likely to spend a bunch of lawyer money on only to lose anyway. This is especially true if they risk going to court and creating a blueprint for a bunch of people to come after them.
  - dragonwriter 3y ago
    > If you left your job based on such a promise, your damages are some significant fraction of the salary you left. Some significant fraction of that salary for the minimum period you could have been employed by the company without violating the promise. If they hadn't rescinded the offer but had fired you (other than for an illegal reason, like racial discrimination) shortly after hiring, you would have no damages,so even to the extent the promise is binding under an estoppel theory, the damages will be limited. > Or, if you sold your house in preparation to move, there are also pretty obvious damages. How is it market value sale damages? You traded an asset for its market value, there's no economic loss.

No, I'm saying that the delta between breaking the promise by rescinding the offer and the worst-case situation consistent with carrying through with the offer (giving you and at will employment and firing you as soon as possible thereafter) is very little, and thus there are unlikely to be significant damages even if the threshold of reasonable, detrimental reliance is met.

bsder 3y ago
If you left your job based on such a promise, your damages are some significant fraction of the salary you left. Yes, you are "at will" but that doesn't mean a company can just completely do as it pleases. If you have certain things like moving expenses that are expected to be repaid if you leave within a year that sets up certain promises and expectations. Or, if you sold your house in preparation to move, there are also pretty obvious damages. For a lot of software developers, these damages are not small. In addition, the case is pretty clear cut and lawyers are very likely to take it on contingency. You also might find Flexport amenable to negotation on something they're likely to spend a bunch of lawyer money on only to lose anyway. This is especially true if they risk going to court and creating a blueprint for a bunch of people to come after them.
- dragonwriter 3y ago
  > If you left your job based on such a promise, your damages are some significant fraction of the salary you left. Some significant fraction of that salary for the minimum period you could have been employed by the company without violating the promise. If they hadn't rescinded the offer but had fired you (other than for an illegal reason, like racial discrimination) shortly after hiring, you would have no damages,so even to the extent the promise is binding under an estoppel theory, the damages will be limited. > Or, if you sold your house in preparation to move, there are also pretty obvious damages. How is it market value sale damages? You traded an asset for its market value, there's no economic loss.