Illinos Law: Promissory Estoppel

jmct · January 2005

I need the lead cases on promissory estoppel as an exception to employment at will...Illinois law. Facts: Employer makes a job offer which is accepted; no definite term discussed; employment application signed by applicant says employment-at-will; applicant gives 2 week notice of resignation to his current employer; new employer then retracts job offer after learning from a former supervisor that the employee may be a poor employee. Thanks for the help.

szemcumo · January 2005

Sorry I can't help you with the law end of it but thought I would share my hiring procedures with you for future use. I very very seldom make a job offer at first interview. If I like someone after lst interview I will then call past jobs to get what I can from them. Which sometimes isn't much, just what they would get from me...days of employment and position held, however sometimes you get what you need to make a hiring decision. Once an offer is made to the app. we do background checks. I tell app to NEVER give notice at current job until I call them and tell them everything was acceptable on their background checks. This keeps them employeed if I have to rescind offer due to bad check. It does hold up the start date waiting for the checks to come back and then they give their notice but I would rather do that than have someone give their notice and then we rescind offer. Don't want to go there. Hope that helps you in the future if you want to change you procedures.

Don D · January 2005

I don't have any Illinois law to cite. But, I'll bet you don't find the comfort you seek there. The background inquiries should either have been made prior to the offer, or a written offer letter should have made the deal contingent on passing a background check, physical and drug screen (if you require those). That's about the only way you can wiggle out of one if someone wants to run you up the flagpole.

SMace · January 2005

I'm sorry, but I don't know what promissory estoppel means. I do know that the employer should chalk this up as a learning experience and give this person their job back. They made a mistake and if this gets to a jury, they will eat it up. JMHO.

Down_the_Middle · January 2005

jmct:
While I don't have the specific cite you're after, I can assure you that IL DOES have provisions for promissory estoppel (a/k/a detrimental reliance). It's basis rises from common law and becomes a remedy for an individual who is offered employment and incurs considerable unreimbursed expense to relocate to the new employer. You will need legal assistance to evaluate and manuever through this issue. This issue surfaced for me a couple of years ago and we addressed it upfront, forthright and agreed to reimburse the individual for some expenses (few hundred dollars) only becuz we thought it was the right thing to do. Of course, any offer of employment s/b contingent upon satisfactory completion of XXXXXXXXXX, but in this case we didn't clarify that disclaimer and shared some responsibility for the problem. Good luck........

Illinos Law: Promissory Estoppel

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