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Major Employment Screwage
1ddqd
Registered User
Registered User
My girlfriend is very close to being completely unemployed, through no direct fault of her own. Basically, she was tired of her current position (loss mitigation in a mortgage company). She found a position related to her current job but in her field of study (psychology) and applied.
She got an application, filled in her stuff, then faxed it back. Within the day, they offered her the position without even an interview. She took her drug test this morning and handed in her 2 weeks notice to her manager.
However, now they've come back and said "Uh-oh - we were sent the wrong application, and the position you wanted is filled." They then said "Oh, but here's this other position we have, it pays $5 less, but is available"
Basically, it's like a bait-and-switch, but with a job. My girlfriend has already taken her exit interview for her current job, even. What the hell? What can we do? We're in North Texas.
She got an application, filled in her stuff, then faxed it back. Within the day, they offered her the position without even an interview. She took her drug test this morning and handed in her 2 weeks notice to her manager.
However, now they've come back and said "Uh-oh - we were sent the wrong application, and the position you wanted is filled." They then said "Oh, but here's this other position we have, it pays $5 less, but is available"
Basically, it's like a bait-and-switch, but with a job. My girlfriend has already taken her exit interview for her current job, even. What the hell? What can we do? We're in North Texas.
1ddqd on
Posts
she jumped the gun
she quit her job before she signed paperwork for her new one
she can either take that 5 dollar less jo or talk to her old supervisor and pretty much beg for her old job back
The only reason she turned in the two week notice was because, verbatim, the new place said "We would like to offer you this job" and she said "I accept" (in so many words). It's all been done over email.
I realize that she's honestly screwed, but there has to be some amicable solution. Even the person hiring said "This has never happened before!"
Edit: Hmmm paper trail complicates things, no idea if email agreement can be considered a contract.
And if there isn't an offer letter then ask for one. There are few places who would refuse to provide one.
*edit* Good advice, truly. The one thing I feel really bad about (for her) is that they had said "Can you start immediately?" many times. They even pressured her to flat out quit without notice because they really wanted her for the position.
Try to work things out with the employer, though, see if, given the situation, they'd be willing to bump the pay up for the position they are offering her. Then, it would be a good idea to start looking for another job, because she'll be the first one to go if they have to cut the fat.
If you can't work things out with them, I'd suggest talking to a lawyer. That's $10,000 a year you're talking about, which is a substantial chunk of change. This sounds like textbook misrepresentation, but I am not a lawyer, and I certainly know nothing about the laws in Texas.
Your situation is complicated. Like other posters have said, the learning experience from this would be to wait to turn in your two weeks notice until you've signed the employment offer.
However, if she has an offer letter (either faxed, emailed, whatever) that has the information available on it (including payment), then I believe you have some legal recourse, but IANAL. That said, suing your next employer before you've even started working there isn't going to reflect positively on her length of employment.
Ideally, your girlfriend should call that company back and try to straighten out the payment issue. It sounds like they're trying to 'take you' for the additional compensation or job, perhaps because they believe your girlfriend will settle for it. If she has an official offer letter (including payment information), the original company should be forced to honor it.
There are some points of detail that need to be hammered out though - please provide a timeline of all interactions. Did she receive the offer letter after the drug test and before she gave the two weeks notice? After? Is the new job paying more or less than the old job, even with the pay cut?
I would NOT go and beg for your old job back. That's just a lose lose situation, because now management knows you aren't going to be a long term worker anymore.
They did say that she'd have the opportunity to apply for the position she was initially offered if she takes the lower paying job - they only really offer it twice a year. They won't offer her any more pay for the lower paying job, even in light of this situation. She was offered the job before she gave her 2 weeks, but I don't think they sent a letter, they had previously discussed the pay, then said "We're offering you the job"
I'd talk to the hiring manager/boss of the new place and see if there's anything they can offer besides the extra $5. Just like asking for a raise, maybe another day/week of vacation, or better/sooner health insurance, or something along those lines.
Maybe it was scammy, maybe they made an honest mistake and just have a shitty HR person. She doesn't want to be labeled as trouble right off, but shouldn't get pushed around either.