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My job offer was rescinded after I quit — can I sue?

By
Greg Giangrande
Published Feb. 14, 2024, 10:11 a.m. ET
One person is asking if they can sue their former future employer after leaving a position for a new job, only for the new offer to be rescinded.
One person is asking if they can sue their former future employer after leaving a position for a new job, only for the new offer to be rescinded. Getty Images

I accepted a job offer and resigned from my current position. My new employer has since rescinded the job offer — and now I am out of both jobs. Can I sue them? Or can I rescind my resignation from my current employer?

Yes, you can sue, but you are unlikely to prevail in the lawsuit against your former future employer unless they rescinded the offer for unlawful reasons.

You may have better luck asking your current employer if you can stay, but that would require a deft touch and a lot of explaining.

Why did you tell them you were leaving in the first place?

Hopefully, you didn’t tell your boss to take the job and shove it.

Perhaps don’t volunteer that the job offer was rescinded.

Explain that, upon further reflection, you would like an opportunity to discuss staying and potential career paths so they believe you want to remain with them and won’t be looking for a new opportunity again soon.

You can sue but you are unlikely to win in the lawsuit against your former future employer unless they rescinded the offer for unlawful reasons.
You can sue but you are unlikely to win in the lawsuit against your former future employer unless they rescinded the offer for unlawful reasons. Getty Images

I’ve been in the job market for six months and — nothing. After 25 years of a successful career in marketing, I can’t even get an interview. I’m 55, not 75! I’m depressed and about to give up and just drive for Uber to make ends meet. Any advice?

This sounds easier said than done, but my first advice is don’t get discouraged — six months for a search at this stage in your career is not unusual.

Maybe you need a new strategy.

Take a short break from the search to regroup.

When looking for a new job, it can be beneficial to have a new strategy when it comes to the interview process.
When looking for a new job, it can be beneficial to have a new strategy when it comes to the interview process. Getty Images/iStockphoto

Take a look at what you’ve done and how you’ve gone about doing it, and seek advice from someone in your network who is employed.

You can even reach out to your alma mater even these many years later for advice on how you are conducting your job search.

If you give up, then you are guaranteed to stay unemployed.

Take a look at what you’ve done and how you’ve gone about doing it, and seek advice from someone in your network who is employed.
Take a look at what you’ve done and how you’ve gone about doing it, and seek advice from someone in your network who is employed. Getty Images/iStockphoto

And if you need to make money in the meantime, of course do what you have to do.

Maybe even temp or freelance if you can — that’s another path to a full-time job.

Gregory Giangrande has over 25 years of experience as a chief human resources executive. Hear Greg Wed. at 9:35 a.m. on iHeartRadio 710 WOR with Len Berman and Michael Riedel. Email: [email protected]. Follow: GoToGreg.com and on Twitter: @GregGiangrande