Comments on: What are my legal remedies for being fired from my job? http://nxus.net/what-are-my-legal-remedies-for-being-fired-from-my-job.html Solution to your Niche Question Sat, 15 Oct 2011 00:02:34 +0000 hourly 1 http://wordpress.org/?v=3.1 By: psmith7883 http://nxus.net/what-are-my-legal-remedies-for-being-fired-from-my-job.html/comment-page-1#comment-1986 psmith7883 Wed, 23 Sep 2009 00:26:58 +0000 http://nxus.net/what-are-my-legal-remedies-for-being-fired-from-my-job.html#comment-1986 Actually, as opposed to what your first response stated, the emails do constitute a contract. Employment is not covered by the statute of frauds, and therefore does not need to be in writing. There being an offer, an acceptance, and consideration there is a legally binding contract. Not all contracts have to be written to be enforceable, only those covered by the statute of frauds. Also, just b/c one is a law student, doesn't mean that they know all about the law. If one has not been tought this yet, then they shouldn't know. Law school is more apt to teaching one how to think like a lawyer, and all though some fundamentals are tought, there is too much involved to teach everything. So many law students will take offense to someone saying, you are in law school, you should know. They are still learning!!!!!! As opposed to your second response, Legally you did have a job, and illegally, you were let go! Furthermore, the employement was not an at-will employment, b/c there were specific dates that you would be working, and an at-will release does not hold water. Actually, as opposed to what your first response stated, the emails do constitute a contract. Employment is not covered by the statute of frauds, and therefore does not need to be in writing. There being an offer, an acceptance, and consideration there is a legally binding contract. Not all contracts have to be written to be enforceable, only those covered by the statute of frauds. Also, just b/c one is a law student, doesn’t mean that they know all about the law. If one has not been tought this yet, then they shouldn’t know. Law school is more apt to teaching one how to think like a lawyer, and all though some fundamentals are tought, there is too much involved to teach everything. So many law students will take offense to someone saying, you are in law school, you should know. They are still learning!!!!!!

As opposed to your second response, Legally you did have a job, and illegally, you were let go! Furthermore, the employement was not an at-will employment, b/c there were specific dates that you would be working, and an at-will release does not hold water.

]]> By: Kacky http://nxus.net/what-are-my-legal-remedies-for-being-fired-from-my-job.html/comment-page-1#comment-1987 Kacky Wed, 23 Sep 2009 00:26:58 +0000 http://nxus.net/what-are-my-legal-remedies-for-being-fired-from-my-job.html#comment-1987 You should know if you are in law school, that those agreements do not constitute a contract. The job is not real until a contract is signed. To Mel, below me.... oh, really? Is that why they pulled the job out from under her? You should know if you are in law school, that those agreements do not constitute a contract. The job is not real until a contract is signed.

To Mel, below me…. oh, really? Is that why they pulled the job out from under her?

]]> By: Walt http://nxus.net/what-are-my-legal-remedies-for-being-fired-from-my-job.html/comment-page-1#comment-1988 Walt Wed, 23 Sep 2009 00:26:58 +0000 http://nxus.net/what-are-my-legal-remedies-for-being-fired-from-my-job.html#comment-1988 Legally, get a new job. Legally, get a new job.

]]> By: Mel http://nxus.net/what-are-my-legal-remedies-for-being-fired-from-my-job.html/comment-page-1#comment-1989 Mel Wed, 23 Sep 2009 00:26:58 +0000 http://nxus.net/what-are-my-legal-remedies-for-being-fired-from-my-job.html#comment-1989 Because the employer effectively issued you an employment contract (job offer via e-mail), enticed you away from a current job and caused you to relocate under the expectation that you would be working in a different city, you have sustained damages because the employer rescinded the offer, and indeed have a legitimate claim. I'm not too familiar with the employment laws in MO either, but here are a couple of links that may help you: www.dol.gov should have a link to the state sites BTW, I believe jurisdiction may be in MA since a claim will need to be filed against the employer in that location. Kind of depends on how the corporation is structured and what level of autonomy the MO site had for employment matters. www.eeoc.gov may also have some insight to offer. You may also want to see if your school subscribes to www.lawroom.com - this is a great, easy to understand legal resource for employment law, but it is a subscription-only service. Good luck - this really is an ugly situation and I'm very sorry that you had the misfortune to deal with an employer like this. Because the employer effectively issued you an employment contract (job offer via e-mail), enticed you away from a current job and caused you to relocate under the expectation that you would be working in a different city, you have sustained damages because the employer rescinded the offer, and indeed have a legitimate claim.

I’m not too familiar with the employment laws in MO either, but here are a couple of links that may help you:
http://www.dol.gov should have a link to the state sites
BTW, I believe jurisdiction may be in MA since a claim will need to be filed against the employer in that location. Kind of depends on how the corporation is structured and what level of autonomy the MO site had for employment matters.

http://www.eeoc.gov may also have some insight to offer.
You may also want to see if your school subscribes to http://www.lawroom.com – this is a great, easy to understand legal resource for employment law, but it is a subscription-only service.

Good luck – this really is an ugly situation and I’m very sorry that you had the misfortune to deal with an employer like this.

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