I’m thinking of taking some legal action

by Mel on October 28, 2008

When I started looking for a job, I knew that I will be rejected by many. And yes, I was. Some of them sent me the standard rejection letters that they?ll be keeping my resume for 100 years in their loser?s database. There were those who just remained silent. And there were those with the typical response, ?We?ll call you!?

When I went to Chicago for an interview, I was just too cute for them to handle that they verbally offered the job to me right there. They wanted me to start right away, ?We wanted you yesterday!? That was the response by the Executive Director. She was so happy with me ?We?ll do anything and you just let us know what you need to move to Chicago!? was what she told me. She even increased the offered salary plus a car allowance. The verbal job offer was confirmed in writing.

I accepted the job offer on October 8, 2008. I faxed a copy of my acceptance the very same day as instructed.

The Executive Director was very happy with my acceptance. She would send me an email: ?Thanks Reynz. Thanks a million!? in bold fonts.

The following morning, I received a call from a former co-worker. She quit her job too. She?s now a Director with another company. I helped her land that job. She told me that she went to Harrisburg on a meeting and met the Executive Director who hired me. She told her that she just hired the smartest guy from our previous work. Not that it matters, but of course, that would make the Executive Director a lot more comfortable with me.

Having found a job, I decided to go home to Manila to attend to some personal matters before starting with the new job in Chicago. I cleared this up with my future employer who ok’d my travel. I flew back to Philadelphia yesterday, Sunday, October 26, 2008.

Since I was going to start on Nov 3, 2008, I was planning to drive to Chicago either this Tuesday or Wednesday (October 28 or 29, 2008) and look for an apartment.

This was by far one uber-tiring travel given that I was social climbing with Pinoy Bloggers and Janetter Toral at PAGCOR last nite. I only had about 2-3 hours of nap time. Not sleep. I arrived home in Philadelphia at 7 pm Sunday, which would be 7 am Monday in Manila. There was a letter from Chicago addressed to me dated October 14, 2008. Shocked to the bones, putang ina! They withdrew the offer of employment dated October 2, 2008 which I accepted on October 8, 2008. It’s 9:30am now on a Monday and I have get to get some sleep. Punyeta talaga! Grrr!

There wasn?t going to be a Chicago job waiting for me. I?m thinking legal action. But first, I need to find some legal advice. Can I sue them for damages? Will it prosper? Or should I just drink vodka-tequila-gin/tonic-blowjob-sex in the city-syoktong tonight?

Here’s the job offer dated October 2, 2008

Here’s my acceptance dated October 8, 2008; faxed on the same day

Here’s the Executive Director’s a million thank you response on October 10, 2008.

Here’s the withdrawal of the job offer dated October 14, 2008, postmarked October 15, 2008

The withdrawal was not signed by the Executive Director rather, by the Acting Hiring Director. Wait, not really – but by another person. Noticeably, the Executive Director was not cc’d nor copied by this letter.


{ 39 comments… read them below or add one }

maxi October 27, 2008 at 3:22 pm

why don’t you call up the executive director first just to make sure the rejection is valid, then make legal action.


YoungCan October 27, 2008 at 3:38 pm

Punta ka sa restoran ko! May Champagne ako! Mag mimosa tayo! Hehehe pero after 10 pa open ng aking swankybubbles mag workout muna ako [para makakain ng isang kabang Vetsin] bwehehe…


BURAOT October 27, 2008 at 3:47 pm

maxi is right reynz. check with the company first if it is indeed valid. baka something of an error lang. if it really is the company’s decision to withdraw, just keep quiet and consult legal action.

since the “offer” is already accepted and signed, it would constitute an agreement. although it might not be a “formal” contract of some sort where there lies everything you have agreed upon, in a court of law it would still be rendered a contract.

hence, if one of the party withdraws from such an agreement, it should also, be agreed upon by both parties.

however, since you haven’t started officially on the job, they can contend that you are not officially acting your duty, and sempre hence ulit, di ka pa oficially employed.

the least they could and should do, is to give some sort of compensation for all the troubles.

a judge, if it ever comes to that, would probably say the same thing. you are the aggrieved party, but the other party also have the right to withdraw assuming no harm and damages would be done to the supposed aggrieved party.

my advice pa rin is to find a lawyer. it would take time and you probably won’t make too much money out of it, pero your ex future employer should be fair enough to compensate you for your time. let the lawyer handle it.


nina October 27, 2008 at 5:20 pm

OMG…naloka ako to the max ever. Pwede pala yon, withdraw ang job offer. Sue them para bayaran ka ng compensation and moral damages. Ano ba ang nasusulat sa inyong labor code?


reynz October 27, 2008 at 7:07 pm


2:50 left a message on the HR person’s voice mail to call.
2:53 HR Person called. She said, she was not aware about my employment hiring and interview. She asked if I have a signed copy of the offer. I said yes, and I told here that I faxed it as instructed and the Executive Director responded to have it received through an email. She said she’ll call back before the end of the day today. (Time indicated were Philly Time – 1 hr ahead of Chicago Time)

reynz’s last blog post..I?m thinking of taking some legal action


reynz October 27, 2008 at 7:15 pm


Responded to Walton’s email:

I noticed that the Exec Director was not CC’d on the letter of withdrawal. Is she aware of the withdrawal? I just spoke with HR who asked me if I sent the acceptance, which I did as acknowledged by the Exec Dir in her email. Before I flew to Manila, I made sure that everything were ok. HR told me that she’s not aware of my application and interview.

reynz’s last blog post..I?m thinking of taking some legal action


joy October 27, 2008 at 11:21 pm

Here in the UK, an offer is not legally binding, even if the applicant has accepted the job offer in black and white. What becomes binding is when the two parties sign the contract. HOWEVER, if this happened here, you would have enough ground to sue the company due to loss of potential income – that is, if you declined official job offers in favour of their offer. The US is the land of litigation. Solicitors over there can make cases out of nothing, so if you consult an employment solicitor take all the written correspondence you have. Hope this all works out for you. Sayang – kamuntik ka nang lumipat sa Oprah land.

You sure you don’t want to consider working in the UK? 😀

joy’s last blog post..BBC Apologizes To The Filipino Community


rhada October 27, 2008 at 11:39 pm

anak ng pitumput-pitong kuba. pati ako eh napamura habang binabasa ko ang post mo na ito. ipaglaban mo yan mama reynz. i’ll keep my fingers crossed for you!

rhada’s last blog post..Proud momma


Mahalia October 28, 2008 at 2:50 am

There was probably a mix up with their inter-office communications. It was probably standard procedure to decline an employee within a certain period of time. Your hunch was probably right, we hope it was a mistake.

If not, I think you can take legal action on equal employment opportunity laws. EEOC.gov says that in 2007 9000+ charges were received in their offices and 7000+ plus resolved with 22.8 million USD. So, it looks like they accepted you and liked your credentials but changed their minds at a whim. This is clearly a violation of your right to work there. The suit can either prove your EEO principle or win you back your job.

If you are qualified and they have not proven otherwise that someone else is better qualified than you, it’s your job. Take it. By whatever God-given means you can!

Mahalia’s last blog post..BlogSpam Alert: Theft in a Rampage


sasha October 28, 2008 at 3:18 am

I hope it is just a mistake, Reynz. And I pray everything will be okay by the time I read the comments again.

sasha’s last blog post..Monday morning


chuvaness October 28, 2008 at 4:38 am

‘daaaay fight for delicadezaaa! ay mali, fight for da?os perwisyos pala! lol

masama talaga ang tama ng subprime. seriously, i hope this is just a ‘glitch’ of some sort. sayang naman ang imong effort and everything. but in any case, kung ayaw nila sabihin mo…THE FEELING IS MUTUAL…SAME HERE. hahahah

‘daaay ano ba…i know nag shoktong ka last night…i feel for your pain. cheer up. isusumbong naten kay tulfo yan!

hugs to you…..eeeeeeeeeekkkkk!!!!

chuvaness’s last blog post..Just a Quick Hello To Y?all


meg October 28, 2008 at 5:38 am

What a bummer! Is it because of the economy? I would consult with a lawyer and see if you have any rights. Keep looking, you will land something soon and all this will be behind you. Hope you had a good trip in Manila. Let me know how things go.


rick October 28, 2008 at 5:40 am

Sorry to hear— do seek legal advise, but it may be a blessing not to work for people who would pull something like this.


reynz October 28, 2008 at 6:41 am

meg, will email you separately. great trip. busy. but will surely be back on the job hunt like one crazy lunatic guy again.


mogLi October 28, 2008 at 8:16 am

wishing you well, reynz! and goodluck with whatever action you might pursue.

mogLi’s last blog post..I Need a Strong Hair Conditioner


reynz October 28, 2008 at 8:33 am

thanks mogli.

i do intend to seek some legal advice on this one. it’s not really fair. depending on as to whether i have a case or not, then i’ll definitely push through whatever options i have. in the meantimne, i’m not wasting time, bukas na bukas den, i’ll be back on the job hunting boulevard of a very achy heart

reynz’s last blog post..Buy 1 kanan, take 1 kaliwa


The Ca t October 28, 2008 at 9:34 am

A job offer itself is a contract whether it is written or verbal.

Your job offer letter could not have been binding because of the conditional terms as to medical exam…blah blah.

What makes it a binding contract is that there is already an agreement as to salary, benefits, blah blah then it is already an employment contract with your receipt and acknowledgement. IT does not matter whether it was signed by both parties becaus the fact that the form emanated from them, there is already the commitment.

That is breach of contract.

The Ca t’s last blog post..The AH Filipino-Filipina-Pala-Sila moment


reynz October 28, 2008 at 9:55 am

huh?! pinasaya mo at pinalakas mo ang weak na uragon! hahaha! depress na nga ako but we’ll see once i find a labor attorney.

reynz’s last blog post..Buy 1 kanan, take 1 kaliwa


The Ca t October 28, 2008 at 9:58 am

For breach of contract, the damages would be in the form of reliance loss. wasted expenditure.

for your part, you can include your travel expenses to the Phils because that is in preparation for your move.

Since there were no relocation expenses yet, the employer thinks that there are are not so much compensation damages to pay yet.

pero meron yong reliance loss na base sa kikitain mo sana kung ang contrata ay sinunod nila. Depende ito sa period of notice na ang pinakamalaki ay isang buwan na suweldo.

hindi ito legal advice.tagalog para hindi maintindihan ng iba.

ang sinabi saiyong hindi na kailangan ang skills o position na yon ay bs.

ang position na yan ay hindi contingent sa sales. yan ay nasa plantilla especially sa nature ng company nila na naghahandle ng maraming perang galing sa gobyerno o sa ibang sources.

kung nalaman mong sino ang kinuha, at iyon ay hindi native, discriminasyon ang papasok sa kanila.

as usual, ang abugado ang kikita dito.
sulat ka sa dept of labor to get legal assistance for free kasi unemployed ka pa naman.

sa tingin ko mom and pop grocer ang operation nito o kaya bago pa lang.

ang assumption nila ay hindi ko ka na magwewaste ng effort dahil sa mga legal tassles.

pero masarap ding magbullshit. lalo itong ganitong mga taong
parang hindi yata alam ang ginagawa.

The Ca t’s last blog post..The AH Filipino-Filipina-Pala-Sila moment


reynz October 28, 2008 at 10:11 am

no, indi sila mom ang pop. actually 2nd biggest chorva sila in Chicago, sa Cook County. what they did, nagtayo nang Development Corp dahil ginagaya nila ang ginawa sa Philadelphia which is their model. me mga developments sila kaso puro palpak at alam ko na mga problema, binigay saken ang mga materials at mga assignments ko. equity collections ni indi magawa.

but naniniwala ako na di nila alam ang ginawa nila saken. i pu-pursue ko talaga to. gulo lang ang utak ko dahil alam mo ba, 2 hours lang tulog ko ang then eto kanina pa ako gizing at galet pa rin!

salamat sa advice.

reynz’s last blog post..Buy 1 kanan, take 1 kaliwa


Beng October 28, 2008 at 11:26 am

Reynz, I AM VERY SORRY TO HEAR ABOUT WHAT HAPPENED. Ang LUFIT-LUFIT naman nila. Since hindi ka pa nakapagpahinga mula sa biyahe mo. You’d better get some byuti sleep now, and gather lots of strength para sa coming labanan.

Here is a tapik on your balikat…ayaw mo kasi nang hugs eh. At hoy, huwag mong lunukin sa alak ang frustrations mo dahil hang-over lang ang iyong mapapala. A clear mind works better, because it allows you to nurture productive thoughts.

Beng’s last blog post..Autumn Storm


MARU October 28, 2008 at 11:34 am

natutulala ako habang nagbabasa ng sinapit mo, ateng.

alam ko mabigat sa dibdib, ateng. nasabi na ng iba ang gusto ko sana sabihin pero eto pa ang isang unsolicited advice ko sau – MOVE ON ka na lang. ‘yaan mo na lang yun at naniniwala akong may naghihintay na mas bonggang bongga oportunidad pa sau.

c’mon….matalino kang tao. mataas ang kwalipikasyon mo. walang kwenta ang mga kausap mo….hindi mo naman siguro gugustuhin maka trabaho ang mga ganung klaseng tao.

tsk! sayang nga siguro pero malay natin baka blessing in disguise yan.

MARU’s last blog post..Ako?y Tunay


antuken October 28, 2008 at 1:10 pm

haysus. naunahan ako ni sexy mamaru. sasabihin ko rin sanang baka blessing in disguise pa rin. pero bs pa rin what they did to you. enough worrying na. dadami ang wrinkles. :)

take a good night’s rest (ay umaga ata jan sa inyo) and malay mo baka pag gising mo, maiba ang hangin. hehe.

cheer up and wag ka mag-alala. pinagmumura ko na rin (kahit di nila rinig) ang mga lecheng future employer mo sana. hehe.

antuken’s last blog post..delivery ho!


jojitah October 28, 2008 at 3:01 pm

unfortunately wala akong mabibigay na legal advice mudra, bobo din ako sa labor code.

kung ano man ang kalabasan ng kabalahuraang yan manatili na lang matatag. makakarma din yang mga yan. kung hindi man ikaw yung makapagbigay ng karma dadating ang oras na merong maniningil sa katarantaduhan nila.

cheer up mudra! hindi makakaresbak pag basag ang dikarte.


kengkay October 28, 2008 at 3:41 pm

agree ako sa mga sinabi ni cat. alam mo parang ganyan din yan dito sa alemanya e. tipong kung hindi ka papalag sa mga dikta nila sa iyo, ikaw ang mawawalan. pero kapag lalabanan mo sila, bibigay din sa huli. guguluhin nila ang buhay mo tapos papayag kang ganun na lang? contrata na yung binigay sa yo, na tinanggap mo naman — kapag hindi sya natuloy, edi breach of contract. ipaglaban mo ang karapatan mo, reyns. may mga opportunities kang pinalampas dahil nag sign ka na ng contract sa chicago na yan… dapat bayaran nila ang mga gastos at kung ano pang chika na nangyari sa yo dahil sa ka eng engan ng kumpanyang iyan. at agree din ako sa yo, baka may mas maganda pa para sa yo. fight this out. anong akala nila sa yo? basta basta?

hay, murphy’s law — ganyan din ngayon dito sa amin, sunod sunod na dagok ng tadhana pero alam mo, i always look forward to a new day 😀

kengkay’s last blog post..naniniwala ba kayo sa multo?


reynz October 28, 2008 at 3:47 pm

sobrang stress, hanap trabaho, hanap lawyer! lecheng buhay to oo! kung kelan mag-wi-winter tsaka naman dumating tong kalechehang to! pero susugurin ko ang mga impaktong yan, aayusin ko tong reklamo ko, di ako papayag na pakape kape na lang sila sa mga gagong desisyon nila! salamat ateng!

reynz’s last blog post..I?m thinking of taking some legal action


adz October 28, 2008 at 5:21 pm

i feel for you. Pero ako tumahimik lang which i think was my mistake.

Goodluck and God bless sayo!

adz’s last blog post..100 hour Finishing Call Center Course for free


adz October 28, 2008 at 5:22 pm

i feel for you. Pero ako tumahimik lang which i think was my mistake.

Goodluck and God bless sayo!

adz’s last blog post..What are we afraid of?


luisbatchoy October 28, 2008 at 5:41 pm

hindi ako sigurado sa labor provisions dyan sa inyo pero sigurado akong meron nang meeting of minds na nangyari kasi meron nang offer at acceptance na naganap. Ibig sabihin meron nang contract of employment or the intent to employee. Di lang ako sure kung ang pumirma ng offer etc etc ay ‘qualified’ to do that para sa companya. At di rin ako sure kung ‘qualified’ din ang nag withdraw ng offer. Pagkakaalam ko nyan, pwedeng mag withdraw ng offer without any damages kung yun ay before acceptance, pero sa palagay ko, sa kaso mo, meron na liabilities incurred ang employer.
Meron din silang liabilities sa loss of potential income mo, pati na rin yung loss dun sa offers na dinecline mo. Pwede pa isama dun ang actual expenses incurred mo sa preparations na lumipat, kung me deposits etc etc, pati na din ang added expenses mo na maghanap ng bagong trabaho ngayon dahil nga na inconvenience ka nila at dinecline mo na offer, at higit sa lahat, moral damages for making you go through that confusing shit at a time like this.
Nga pala, wag ka na pumayag sa ‘reinstatement’ if ever, na dun ka pa rin magtrabaho ha. Kakawawain ka lang nila if ever.

Kahit ang opinion ko ay hindi base sa Labor Code Provisions sa state na yan jan, I’m sure, iisa lang ang layunin ng Social Legislations, at magkapareho naman ang Spirit of the Law. Besides, nasa Amerika ka, malakas ang concept ng Social Justice dyan.
Tama din ang advice na maghanap ka ng ‘counsel de oficio’ kasi nga wala kang trabaho now. Magkakagastos ka pa ng malaki.
Sana nakatulong kahit papano sa yo ang nalalaman ko so far. HEHEHEHE
On the lighter side of things…
link na kita ha… pa xlinks

luisbatchoy’s last blog post..Booo!!!


luisbatchoy October 28, 2008 at 5:43 pm

intent to employ I mean. Meron nang meeting of the minds in the concept of ordinary contract, na pwedeng mag take ng nature ng isang service contract.

luisbatchoy’s last blog post..Booo!!!


bebe October 28, 2008 at 5:59 pm

unbelievable! bakit nag offer tapos babawiin? kakahayblad talaga!

esep esep……here are the possible reasons…..
1. drug screening – lumaklak ka siguro ng isang timbang katas ng dinikdik na gumamela kaya nag positive ang drug test mo.
2. background check – nakita ka siguro na aalialigid sa bahay mo si exkanvick.
3. employment verification – malakas ang kutob ko na si doreen ang salarin. balatan ng buhay si doreen!!!

sige go ka na sa lawyer, pero cool ka lang, wag pairalin ang galit…nakakawala ng poise. remember, royalty ka kaya elegance and grace pa rin ang projection ng reyna.


reynz October 28, 2008 at 11:09 pm

you had the same experience? kelan nangyari?

reynz’s last blog post..I?m thinking of taking some legal action


reynz October 28, 2008 at 11:11 pm

you’re right – di na ako talaga papayag sa reinstatement if ever na ibigay uli – salamat sa pagdaan and i iwll link ou back!

reynz’s last blog post..I?m thinking of taking some legal action


adz October 29, 2008 at 4:44 am

Just this year…. Nag apply ako for this company and they told they were considering me and all but I have to go through the process ng employment which I did… pass ng mga papers, interview and all, tapos employment offer na which I signed and sent them through fax and scanned e-mail (just to make sure na makuha nila ang copy).

Just when I was just about to resign from my current job to fly away to greener pasture biglang bawi offer. I asked why, pero no naswer or explanation what so ever. I felt the same way as you did when I decided na BOGO sila tanan and I didn’t want to be associated with them. Wala jud sila kasabot sa ilang work promise.

As for me, let go nalang, total i still have my job naman. But for you, nag let go ka pa naman ng offer ng others…medyo malaki ang nawala sa iyo because of them.

BOBO sila!

adz’s last blog post..What are we afraid of?


reynz October 29, 2008 at 8:28 am

mahihirapan akong basta na lang mag-let go dahil i travelled to Chicago at medyo malaki ang nagasto ko. dapat nga ireimburse nila ako, hangga ngayon no reimbursement from then. mga demonyo talaga ang mga un.

reynz’s last blog post..I?m ready to vote Obama as the next President of the United States


sue October 30, 2008 at 3:57 am

hi renz,

i am not familiar with the labor law in the US, but just to give you an insight, here in the philippines, the elements of a contract are consent, subject matter, cause or consideration.

in your case, there is already consent since both parties agreed to the employment; there is subject matter – your employment, and the cause or consideration is the salary.

if you feel up to it, please get a labor lawyer there :-) and i bet you are now thanking your lucky stars that you just attended the wedding of your nephew to the lady lawyer from accra (free legal advice) heheheheh

good luck :-)

sue’s last blog post..old wive’s tale?


Amor November 3, 2008 at 4:39 pm

hano ba yan, nakakainis naman to….

I just hope and pray that everything will be okay.

Amor’s last blog post..Sean?s Trick or Treat


cheh November 9, 2008 at 9:55 am

Mga lintik mga yun ah,sarap ipakulam!ngayon ko lang nabasa ito nahayblad ako ineng tubiggggggggggggg

amen ako doon sa sinabi ni Ca t

Hugs yaw mo nga pala niyan!halik na lang kaya sa noo? lalo atang ka depress yun ginawang lowlah hahaha

but seriously ateng, hope you’ll get another job soon! mga nyetang yun sana karmahin!!


reynz November 9, 2008 at 10:09 am


now ko lang nakita comments mo. pray ako na tamaan nang kademonyohan ang mga hayup na yun. masama pero leche! sana sandosena ang tama sa kanila! hmpt!

reynz’s last blog post..Why blame Gov. Sarah Palin?


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