New Jersey Lawyers BlogCan an Employer Rescind a Job Offer Under New Jersey Employment Law?
It’s a nightmare scenario for an employee. She has a good job, but has received the opportunity of a lifetime. She quits her job, moves to a new city, and gets ready to start her new position. Then, just before she starts, the prospective employer calls and says, “Oops, we’ve changed our minds. Sorry….” Now she’s in a new city and maybe a new state, with a new lease or mortgage, and no job. Does the law provide her
with any remedy? Fortunately, New Jersey employment law does provide relief under certain conditions.
Breach of Contract
The employee is in the best position if she received an employment contract. If she has a written contract, she has the full range of remedies for breach of contract. This does not mean that the prospective employer does not have defenses – there may be a perfectly good reason for rescinding the offer. For example, the offer could be for an attorney who was disbarred or a doctor who lost her license to practice medicine. However, there is a good chance that the contract will provide the employee with a remedy in court.