Any Recourse for Rescinded Job Offer?

Q I recently resigned because of a conflict with my supervisor. I was offered a position in another department, working under a different supervisor. I accepted the position, but the following day I was told by my new supervisor that the job offer had been rescinded.

Do I have any legal recourse?

--L.L., West Covina

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A Probably not. Unless you were promised orally or in writing that you would be employed in the new position for a certain period of time and you relied on that promise to your detriment, it is unlikely that you would have a legal claim against your employer.

Even if you received such a promise, you would still have to prove that you suffered damages. For example, you would have to establish that you spent money in anticipation of the new job or that you gave up other job offers because you believed you would be employed in the new position.

If you do have evidence of a promise and you are able to show you were damaged, you might have a claim for breach of implied or express contract, negligent or intentional misrepresentation or promissory fraud.

If you were successful on such a claim, you might recover out-of-pocket costs as well as potential punitive damages.

--Diane J. Crumpacker

Management law attorney

Fried, Bird & Crumpacker

‘Comp Time’ Versus Paid Overtime

Q When can an employer substitute “comp time” for paid overtime? If comp time is used, is it calculated the same as paid overtime--1 1/2 hours of comp time for each hour of overtime that is worked?

--C.K., Long Beach

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A Compensatory time off policies allow employees to receive paid time off instead of cash payments for overtime work.

Comp time policies for nonexempt, hourly employees are rare in the private sector because the time off must be taken in the same or next payroll period. (In contrast, government employees can bank their comp time for later use.) The comp time must also be calculated in the same manner as regular overtime pay, with 1 1/2 hours paid time off for every overtime hour worked.

If either of these rules is violated, the comp time policy is illegal.

These restrictions on comp time are not applicable to exempt, salaried employees. For example, an employer can lawfully establish a policy for exempt employees that calls for comp time at less than time and one-half, and permits salaried employees to bank their comp time for later use.

--Joseph L. Paller Jr.

Union, employee attorney

Gilbert & Sackman

Should You Confront Unappreciative Boss?

Q I am a construction supervisor and work for a boss who doesn’t know how to say “thank you” to his employees. We often do a great job and make him a lot of money, but I don’t think I’ve ever once heard him say “thanks,” let alone give anyone a bonus.

What do you think of this? Should I say something to him? --L.K., Temecula

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A You should definitely talk to your boss. Tell him that it won’t cost him anything to recognize when his workers have done a good job, and that his workers will appreciate it.

Sometimes, managers simply don’t think about saying “thank you,” or they haven’t learned to show gratitude at work (or at home).

If he does indeed follow your suggestion and begin to express his appreciation to workers, it is important that you and others recognize and reinforce this improvement.

--Ron Riggio, director

Kravis Leadership Institute

Claremont McKenna College

If you have a question about an on-the-job situation, please mail it to Shop Talk, Los Angeles Times, P.O. Box 2008, Costa Mesa, CA 92626; dictate it to (714) 966-7873, or e-mail it to shoptalk@latimes.com. Include your initials and hometown. The Shop Talk column is designed to answer questions of general interest. It should not be construed as legal advice.