Question
The VP made me a same-day offer contingent on a background check, a physical and a drug test. He gave me a tour of the business, showed me where I’d be sitting, and then took me into his office to discuss pay. I signed permission for the background check and I did the drug test and physical within an hour of the offer. HR assigned me a hire date that was five days later.
On my first day, HR began my orientation online and pressed me to complete it within two days. I got it done in one and called HR to inform her. She told me there was a discrepancy with the pay that I was offered. The VP offered me an hourly wage plus overtime as needed. HR said the position was salary, no overtime included, and I would often be required to work 10 to 12 hour shifts.
When I asked what the salary was in comparison to the hourly offer, she said that she’d have to get back to me. Then she said that my request to compare the hourly rate to the salary raised a concern with her: if a better offer was made to me by another employer, would I take it?
I replied that I didn’t think it was a fair question because pay isn’t the only factor when considering an offer. I asked her, if she were offered an increase of $20,000 a year from an alternate employer, would she consider it? Her response was that she understood where I was coming from and thanked me for my transparency. The next day I received an e-mail stating that they decided to give the job to an alternate candidate.
I can’t help but feel violated by what transpired. Do you have any advice?
Nick’s Reply
HR people play some dangerous games that hurt job applicants (and new hires). I’m sorry you’re a victim, while the VP and HR person walked away unscathed.
When I followed up with you, you explained that this employer did not give you the job offer in writing signed by a manager, and that this happened in California, where employment is “at will.”
The “job offer” HR people play like a carrot on a stick
We’ve discussed this before: Never accept a job offer or quit your old job without a written job offer from the new employer. Without it, you have little to go on legally, while you reach for an offer that’s only a carrot on a stick. A verbal offer can be legally binding, but that’s up to a lawyer to argue – and I’m not a lawyer. (For more about how to avoid trouble when changing jobs, please see Parting Company: How to leave your job.)
The point about “employment at will” (which is the law in CA) is that if you don’t have an employment contract in place to protect you, they can fire you any time for any reason or no reason, including day #1. So you see where this is going. It truly is stacked against the new hire because you never know whether you’ve really got that carrot.
Explore the law
However, it’s not so cut and dry, even in “at will” states and even without a promise in writing. Please check employment attorney Larry Barty’s advice in Job offer rescinded after I quit my old job. It’s worth exploring the law. Here’s part of what Larry said:
“A person who reasonably acts in reliance upon a promise and then suffers detrimentally because the promise is broken has a cause of action called Promissory Estoppel. The Promiser is ‘estopped’ from rescinding the promise if the Promiser knew or had reason to know that the Promisee would rely upon the promise to the Promisee’s detriment… The Promisee in such a case, once the proof has been accepted, is entitled to be made whole. For example, if A quits his job and then is left without work for a period until he finds comparable employment, A is entitled to Reliance Damages in an amount equal to the lost wages and benefits.”
This article by another attorney is wishful thinking because employers won’t do contracts for anything but exec jobs, but it reveals the underlying problem: the law favors employers. (Nothing here is intended as legal advice nor should you rely on it for your specific situation. Consult a qualified employment lawyer.)
It’s not just about HR people
I’m really sorry to hear about your problem – the employer was wrong on many levels, including ethics. The VP made the offer and HR changed it unilaterally. When you asked reasonable questions apparently after you started the job, HR played a nasty game and essentially fired you because you dared to discuss pay.
It’s not just the HR people. I’d say this company stinks from top to bottom.
You could report them to your state’s labor and employment office. You’d be surprised how complaints add up, and sometimes they trigger investigations or new legislation. You might even contact your state legislator’s office: “Employers complain about the talent shortage – yet look what this one just did.”
They keep getting away with it
I’m not encouraging you to go legal, but it may be worth investing a few bucks in an initial consultation with a good employment lawyer so you can find out whether you have a case. Sometimes all it takes to get a settlement is a nasty-gram from the lawyer.
It drives me nuts when employers walk away unscathed after their HR people and other managers do things like this. It’s become disturbingly common — and dangerous. A woman wrote me that her husband accepted a job across the country. He moved out there to attend orientation — much the same way you started your new employment. She cancelled their lease, loaded the car, put her two young kids in it, and started the drive cross-country. Half-way, she gets a call – the offer was rescinded. She said said the stress was so great she had to see a doctor.
When will seemingly “administrative” or “legal” but clearly unethical actions by HR people that prove dangerous to employees be recognized for what they are: cavalier abuses of job applicants?
What’s the worst abuse HR people (and their bosses) have leveled at you and what was the outcome? What could this job seeker (or, actually, new employee) have done? Are there enough legal protections for job seekers? What would you propose?
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We’ve discussed ghosting before more than once (
Ok, I’ll take the bait. I’m glad you agree that a huge blast of resumes is not likely to return anything but intense frustration! So let’s do that exercise. What should someone pay to get a $120,000 job?
I think I’d start by suggesting she learn how headhunters operate, simply because if our methods don’t work, we don’t eat. Most headhunters work on contingency: we get paid a fee only when we actually fill a job, and we get repeat assignments only if we make good placements – new hires that succeed.