# Offered advertised job, took it then let go



## sexitoni (3 Oct 2015)

Hi, sorry if similar is posted elsewhere, had a search...

My sister was in a good HR job with a big hotel chain in Dublin. She saw an advertised job for a HR management role in another hospitality business that is being started up and went for it.

The owners of the business offered her the job and were at her to give immediate notice to her existing employer, that she absolutely had to start straight away the place was going to be opened up shortly and staff had to be hired, trained etc.

Then something happened with the plans, the architect and designers were replaced, and now the place won't be opened for months. They've just told my sister they're letting her go as there's no need for her now.

Is there any recourse for her? It seems bizarre that an employer could get away with something like this.

P.S. Irony of this happening a HR professional is not lost on her - she's pretty convinced there's nothing she can do. But I have to ask, it seems ridiculous.


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## moneybox (3 Oct 2015)

sexitoni said:


> She saw an advertised job for a HR management role in another hospitality business *that is being started up* and went for it.


 
That is very tough on your sister but I feel she should not have taken this job for the simple reason highlighted above.

Has she any chance of getting her old job back?


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## sexitoni (3 Oct 2015)

moneybox said:


> That is very tough on your sister but I feel she should not have taken this job for the simple reason highlighted above.
> 
> Has she any chance of getting her old job back?



Yeah, hindsight tells her that alright.

Apparently policy at the old company is not to rehire management that leave.


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## Brendan Burgess (5 Oct 2015)

I think that this would be covered by the contract she signed. 

If they have a clause which say that they can let her go without notice within the first year, then they are covered. 

If they have no such clause, she would be covered by the Minimum Terms and Notice - so she would know what she is covered by. 

In practice, there is really nothing she can do about it. She took a chance and it didn't work out.  She might ask for a month's pay or something like that.  But she should stay in touch with them as they probably will open at some stage and may have a job for her then. 

It's a very odd policy of her former employer not to take on a former employee.  If she has not been replaced, she should ask if she can withdraw her notice. 

But it's also possible that they want a different type of person for the job and might be happy to see her go. 

Brendan


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## mtk (5 Oct 2015)

Options : 1 Could threaten to sue for loss of earnings on grounds they should have known there would be delay ....
2 Put  under moral pressure for some compensation as suggested
3 if all happened recently withdraw  notice . If employer refuses I believe  may be badly seen by courts 
4,make a nusiance In hope of being bought off ?? 

Note I am not a lawyer - ask one but be careful  who you choose


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## sexitoni (5 Oct 2015)

Thanks for replies. Few things to follow up on there. 

I should have given a timeline, she moved in June as the place was supposed to open in July. But the opening date slipped first to end September, then word came it would be the Spring a couple of weeks ago. She's been told they'll hold job for her, but she's being let go as no work. I'll have to see how contract is worded. 

Her old bosses asked her to stay - she had been head hunted in first place by an old boss - but this, on the face of it, was a better job in terms of pay and responsibility. She has already been replaced and her old boss told her that as policy they don't rehire management that jump ship, but they could bring her back on the bottom rung she started on. She's going to assess options before swallowing pride. It just seems off form tbh


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