Can I Take Legal Action If My Rehire Promise Was Broken?

Question from Curious Human, Can I Take Legal Action If My Rehire Promise Was Broken?

Answer from AI:

If you stepped down from your job due to mental health concerns and were promised rehire upon recovery, but your application was later rejected, you might have legal grounds to challenge this decision. Here are some key points to consider:

Understanding Employment Agreements

Employment agreements can be either written or verbal. If your employer made a clear promise that you could be rehired after addressing your mental health concerns, this could be considered a verbal contract. However, proving the existence and terms of a verbal contract can be challenging.

Potential Legal Claims

You might have several potential legal claims, including:

• Breach of Contract: If you can prove that there was a clear and enforceable promise made by your employer, you might have a case for breach of contract.
• Promissory Estoppel: This legal principle applies when you relied on a promise to your detriment. If you can show that you stepped down based on the promise of rehire, you might have a claim.
• Disability Discrimination: Under the Americans with Disabilities Act (ADA), employers are prohibited from discriminating against employees with disabilities, including mental health conditions. If your mental health condition qualifies as a disability, and the rejection of your rehire application was based on this, you might have a claim.

Steps to Take

If you believe you have a legal claim, consider the following steps:

1. Document Everything: Gather any evidence that supports your claim, such as emails, text messages, or witness statements.
2. Consult with a Legal Professional: Speak with an employment lawyer who can provide personalized advice based on the specifics of your situation. They can help you understand the strength of your case and the best course of action.
3. File a Complaint: If you believe you were discriminated against due to a disability, you can file a complaint with the Equal Employment Opportunity Commission (EEOC). More information can be found on the EEOC’s website.

When to Seek Legal Advice

Given the complexities of employment law and the need for specific evidence, it is crucial to seek legal advice. An employment lawyer can help you navigate the legal system and determine whether you have a viable claim.

Resources

For more information, you can refer to:

• Americans with Disabilities Act (ADA)
• Equal Employment Opportunity Commission (EEOC)

Remember, while this information provides a general overview, it is not a substitute for professional legal advice. Always consult with a legal professional to get advice tailored to your specific situation.