Can this be done to me? Where do I stand? Job/Legal advice required PLEASE...

ditzymuppet

Hey

Currently sat here in floods of tears writing this. Please help me if you can.

I've just finished my degree in Criminology at the University of Portsmouth. Through their recruitment service I had an interview on tuesday the 13th with a Criminal Practicising solicitors (of all people) to work as a Criminal Paralegal.

I was offered the job then and was told that I would be receiving a formal letter in the post offering me the position. My phone has been on the blink so I couldn't reply to this voicemail (and I was moving in to my new house this weekend so was going to do this today).

The next day (the 14th) I had a voicemail on my phone telling me that this formal letter would be arriving through the post friday (16th) or today (19th).

My lady who found me the position through the uni has just phoned me up telling me that today the firm of solicitors interviewed someone else who had more experience and are offering the job to them instead. Despite offering me the job verbally and telling me that they would be sending an official letter through the post offering me the position.

Since I thought that I was being offered the job and that this would be pretty certain that I was getting this job, I have since resigned from my job, and cancelled all the interviews and recruitment agencies with whom I have been signed up with.

I have since been emailed by one of the partners to say that I was the best person for the job, but that they are still offering the position to someone else. (What a kick in the nuts that is!!!)

This is a firm of solicitors with whom I have been offered the job with, surely they aren't allowed to do this?

Can anyone advise me on where I stand legally? I'm absolutely gutted. and yes i know that this is only a job and that I acted too hastily. If anyone can help me I'd really appreciate this.


This was a dream job for me and I'm absolutely gutted my this news. Anyone have any input? Where do I stand legally?
Is a verbal contract as good as a written contract?

(a very upset) ~ditzy

KittyKate

Oh my goodness I'm so sorry. What a terrible thing to happen.

Well, I would think that unfortunately, the job wasn't officially yours until you signed the contract. I'm sure they wouldn't breach the law as they could lose their licence. A verbal contract is your word against theirs.

What I would do, if I were you, is look at how incriminating the email you got from them - does it say they interviewed someone after offering you the job? Does it say any discriminatory reason why? I'm not entirely sure where you stand on this but if they have admitted in writing to doing you over like this you stand in a decent position to threaten to sue for loss of earnings or emotional distress. (You could even visit the doctor for stress, for example, should you not be able to find another job as a result of this). I don't think it would go to court but they would absolutely want to keep this hush-hush if only for the practice's name. You could even inform the local press or student paper (they will be removed from any graduate schemes).

I hope you manage to at least make them sweat, what an awful thing to do. They might cave and write you an excellent refferal letter based on your interview - you never know. Finally you have the bittersweet but reassuring knowledge that you found out just how 'employee caring' this particular employer is and you're well out of it. Don't give up on going for your dream job - you will achieve it!

ditzymuppet

I write with regard to you application and interview for the vacancy of Criminal Para Legal.

It is with regret to say that unfortunately you were not successful, at this time.

X, X and I were impressed with you, and your interview. I felt you were the best applicant for the Job.

However we received a late application, which X was keen to follow up.

It has been decided to offer the position to this late applicant.

I still feel you were the best candidate, but as you can see I was out voted.

I really wish you well in your career, and also wonder if it would be possible to keep your CV on file, as we may have a vacancy in the future. In which case I would still recommend your appointment to X and X.

If you don't want me to retain those details, then I do understand.

In the meantime, I wish you the very best of luck for the future.




This is the email that I received after they verbally said to both me and my lady at the recruitment agency that I would be given a written offer.

Swings and roundabouts I guess.. I knew that after searching for a job since October 2005, that it was going far too well.

Thank you KittyKate for your kind words.

~ditzy (unemployed...again)

Bennifred

Ditsy, what rotten luck!:mad: But don't completely give up on this position, you don't know for sure that the late applicant will accept it even though it's been offered, and you don't want to shoot yourself in the foot if they are likely to come back to you! This once happened to me i.e. I was second choice for a job and the first choice person changed their mind about wanting the job, so I was offered it (and I didn't actually mind being "second best", because like you it was a split vote originally). Ended up working there very happily for five years before leaving to raise my family.
Best of luck to you, whatever happens.

Scarlett1

ditzymuppet wrote:

I still feel you were the best candidate, but as you can see I was out voted.

I really wish you well in your career, and also wonder if it would be possible to keep your CV on file, as we may have a vacancy in the future. In which case I would still recommend your appointment to X and X.

If you don't want me to retain those details, then I do understand.

In the meantime, I wish you the very best of luck for the future.

that makes it even more sickening knowing that someone else thought you were ideal for the job, the guy who wrote that sounds genuine, so I wouldnt do anything rash by getting into any legal disputes cause it seems that you could soon have a job with them in the very near future, good luck x

zzzLazyDaisy

So sorry this has happened. However the legal position is that they haven't done anything wrong. The decision would only be unlawful if the reason was discriminatory (say if the real reason was because of your colour or because you were pregnant, for example).

Even if you had got the job, they could have terminated your employment by giving notice which could be as little as one week (depending on what it says in the contract) provided that the decision wasn't for a discriminatory reason (ie sex, race, disability).

Good luck in your search for a post, and who knows, maybe there will be another position crop up in the near future

Daisy

ohreally

zzzLazyDaisy wrote:

However the legal position is that they haven't done anything wrong.

Yes they have,indeed the poster may have grounds to pursue a claim as the offer appears unconditional.

O/P...http://forums.moneysavingexpert.com/showthread.html?t=208153 and contact ACAS.

Astaroth

I am not a legal expert on employment law but a contract is equally binding on both parties. I cannot see you having accepted a verbal offer meaning that you could be forced to accept any T&Cs that are in the written contract that you then receive - if you are able to back out of it before a written contract has been signed then so are they.

As others have said, the likely hood is that the most they would be liable for is 1 weeks pay as this is the shortest notice period that they could have given you. It sounds like they are still very possitive about you but I am certain that if you were to sue them that they certainly wouldnt consider employing you in the future.... and being realistic solictors are a bit of an old boys network so I am sure all the local solicitors would probably find out quickly what you had done and so you could get blacklisted with all of them.

NAR

I agree with Astaroth's comment re the Old Boys network.OP, what about contacting the sender of the email saying you are devastated with the news, especially as you were given a verbal indication that you had got the post. Say you had been impressed with the firm and had really looked forward to joining them. Say you would like your CV to stay on their books, but in the meantime could he recommend another firm that might be prepared to employ you. He might feel guilty enough to use his connections to help you. Good luck, I think you have been treated shabbily.

clairehi

They have treated you appallingly and no mistake.

TBH, if this is the way they treat their people, you may have had a lucky escape.

I think the tone of the email you received is bordering on unprofessional to blame the decision on a colleague(s) and not accept responsibility.

However you have nothing to lose by keeping your foot in the door and doing as NAR says.

Also, it is surprising how often the first candidate doesnt take up a job. my DH was offered a job last year when the first choice person pulled out at the last moment. He didnt take it, as he had another offer by then - which was much better paid than the first job. So it was just as well they didnt offer it to him first time round!

I know it feels awful at the time but I truly believe that these things happen for a reason - honestly.

cboo

What a horrible thing to happen to you... don't know much about legal stuff, but interviewers have to keep records of anything they have written about you. Did anyone write anything down in your interview?
You can always ask the company to have a look at your notes to see if there is anything there you can use.

Good luck