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Business Law - Implied Contract During Job Interview

This business law case study analyzes the scenario of what occurs during a job interview. Upon concluding a job interview, the candidate (Burt) was told by the interviewer (Michael) "I look forward to working with you." Additionally, Burt was from New York and Michael further offered to help him with his move to San Diego. Based on these two statements, Burt moved and even rented an apartment in San Diego. He contacted Michael to confirm his start date - and was told there was no job for him. This solution defines under what legal theory Burt may have in proceeding with an argument for Michael's firm to pay all his associated moving costs. The analysis is about 350 words and includes one professional reference.

The actual textbook case scenario is:
Burt, an accountant in New York, interviewed with Michael, a hiring agent for the Accountants-R-Us CPA Firm in San Diego. At the end of his interview, Michael told Burt, "I look forward to working with you. Please let me know if I can help you prepare for your move to San Diego." Burt returned to New York, quit his job, gave 30-day notice to his landlord, rented an apartment in San Diego, and moved to San Diego. Burt then called Michael to ask if he could start his job the following week. Michael replied that Burt had no job with him. Burt wants to recover the cost of moving expenses from Michael and the Accountants-R-Us CPA Firm. Under what legal theory may he proceed? Discuss the arguments that Burt and Michael will each make if the claim is brought.

Solution Preview

Burt could argue that an implied employment contract existed; based on Michael closing the interview with statements that affirmed their future working relationship (I look forward to working with you) and also by offering assistance in moving (Please let me know if I can help you prepare for your move to San Diego). These two statements could be construed as solidifying that Burt had successfully obtained the job, as Michael knew he was from out of the area and that accepting the job would require a move. Burt could argue that Michael specifically stated ...

Solution Summary

A job interview can be both stressful and exciting for employment candidates. For the one conducting the interview, these same feelings may occur as well. One "pitfall" to avoid for the interviewer are "polite phrases" to the candidate that may be construed as a job offer. Comments eluding to a future working relationship may be viewed as an intention of the company to hire the candidate. This solution analyzes how such a scenario can lead to legal ramifications. It is over 300 words and has one reference.