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Rescinded offer due to HR error
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Rescinded offer due to HR error
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Location: North Carolina
[B]Here are the facts of the case:[/B]
I was offered a job to my previous employer via a staffing company (completed interviews on site with gaining company, etc).
I
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Rescinded offer due to HR error
posted at 8/1/2009 6:05 PM EDT
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Posts: 3
First: 8/1/2009
Last: 8/2/2009
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Location: North Carolina
[B]Here are the facts of the case:[/B]
I was offered a job to my previous employer via a staffing company (completed interviews on site with gaining company, etc).
I left the company approximately 1 year ago under a mutual separation agreement, of which I am eligible for re-hire/employment in 6 months. This is now 1 year later.
Background check came back clean.
All paperwork went to HR and the gaining team/hiring manager/staffing company were expecting me to start.
The day before the start date I was informed HR had called the hiring manager and told him I was ineligible for re-hire.
I called my former HR manager and they verified that there is nothing in my HR records or files that would prevent me from returning to the company.
As it stands the offer of employment was rescinded due to false information from the HR department.
I have since opened a case with their HR department and have spoken to them frequently. However I do not feel that they are acting with any sense of urgency.
[B]My questions:[/B]
Am I entitled to an explanation of why I am supposedly ineligible for employment even though I have verified myself that I am?
Worst case scenario - am I entitled to any compensation due to the HR error on the company's part?
Thanks in advance!
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Rescinded offer due to HR error
posted at 8/2/2009 7:49 AM EDT
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Posts: 1103
First: 3/16/2007
Last: 8/19/2011
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In general you would need to speak with an attorney well versed in employment law in NC.
Aside from that you have really presented no information that you have been wronged in a manner that would cause you to prevail in a lawsuit. That is purely more demonstrative of the use of an internet forum to resolve legal questions than anything else.
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Rescinded offer due to HR error
posted at 8/2/2009 8:01 AM EDT
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Posts: 3870
First: 2/12/2002
Last: 11/2/2009
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If you have not suffered any damages as a result of the recission (such as you leaving another job to take this one), then you really have no cause of action.
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Rescinded offer due to HR error
posted at 8/2/2009 8:39 AM EDT
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Posts: 1771
First: 10/24/2002
Last: 9/14/2011
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OP, different boards aren't going to give you different answers...
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Rescinded offer due to HR error
posted at 8/2/2009 8:53 AM EDT
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Posts: 3
First: 8/1/2009
Last: 8/2/2009
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Yea, different boards will give different answers.
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Rescinded offer due to HR error
posted at 8/2/2009 1:59 PM EDT
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Posts: 1771
First: 10/24/2002
Last: 9/14/2011
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Well OK, I've only seen your post on three boards, and the answers have been the same on all three. So that's where I'm coming from.
And BTW, the answers you've received on these three boards are absolutely correct and actual. If you're getting different answers on other boards (other than the three I know about, I mean), then those answers are wrong.
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Rescinded offer due to HR error
posted at 8/2/2009 5:26 PM EDT
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Posts: 3
First: 8/1/2009
Last: 8/2/2009
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To my knowledge Ive only posted this question on 2 boards, both of which are targeted towards different sides of the spectrum, and neither indicative of legal expertise.
So unless you have something productive to contribute, how about you not pad the post count in this thread.
Thanks.
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Rescinded offer due to HR error
posted at 8/2/2009 9:25 PM EDT
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Posts: 3870
First: 2/12/2002
Last: 11/2/2009
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Since these forums are for HR professionals and not for employees, I suggest you look elsewhere for your answers. As hrbth stated, what you've gotten here is accurate information.
Good luck.
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Rescinded offer due to HR error
posted at 8/3/2009 1:34 PM EDT
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Posts: 464
First: 6/30/2004
Last: 11/22/2010
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OP - I don't know what you have posted nor any of the answers you have received on other boards.
I would agree with the feedback you have received on this board. I am not a lawyer so I cannot opine as to the likely outcome of any legal action you might take. I will say there is a lawyer out there for everyone, maybe even more than one, especially if you are ready to write checks to fund litigation.
that said, based on the information you provided, I don't see the monetary damage you have suffered unless you turned down employement because of the offer, but again, not a legal opinion, just my reaction based on my experience in the field.
Being eligible for rehire does not mean obligated to rehire. By the way, no one on this forum needs to pad posts. We don't win an award or a contest. I, for one, am grateful for the feedback and input I receive on this forum and will defend those that participate.
It does suck that received an offer that was rescinded. I can't imagine that sits well.
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