The company terminated the job contract before I started working. Is it legal?

A handshake | company terminated the job contract

Question

Is it legal that the company terminated the job contract before I started working? I supposed to start a new job. I received an offer, followed by the contract which I gladly accepted and signed. The next day, right before the start date, the CEO of the company sent me an email “they decided to go with another candidate.” What can I do?

Answers

  • Unfortunately, you cannot do anything against them even till the probation period. You can maybe write a LinkedIn post tagging the CEO, explaining how unprofessional they are and maybe a review of the company on Glassdoor. So sorry for you. Keep your motivation high. You will definitely find a new job soon!
  • Some companies do that mistake, happened with someone I know cause no single person of connection. I would say send an email to the CEO include the previous agreement and mention that you already got an offer. If he declined then – find a lawyer.
  • A similar situation happened to me. The company terminated the job contract right before I started. I sued them (an American suing an American multi-national company under German worker law) for 3 months compensation. Was ultimately negotiated down to 2 months without going to trial. I had to push my lawyer to negotiate a better deal with them and further negotiated down the lawyer fee since he really didn’t do much and I had to routinely call him to push him hard to get what I wanted.
  • If you accepted it and the company terminated the job contract before you started employment, you have a leg to stand on. You’ve signed a contract, both parties are bound to that, it can’t only benefit them. Within your trial period, they’re allowed to fire you without any reason, but once they’ve given you the job, I’m pretty sure they can’t just take it away from you without letting you start.
  • If the contract is signed from both ends, then the company must pay you for at least 2 weeks of notice period during probation. Also, you need to check the notice period after the probation in your contract. I believe it’s also possible to demand the payment for these months as well. Good luck and I hope smth like this won’t happen to anyone again.
  • I was in a similar situation once, at the end I “worked” and got paid 15 days which is the notice period during probation. This is only if your contract was full time, if it’s a freelancing contract you must check the clauses because maybe it’s different.

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