I
hope this summer has been relaxing, enjoyable and
productive for everyone. This has been a particularly
good summer for a number of the Firm's clients.
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Clients in the News
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This section of the newsletter generally provides
information as to services the Firm has provided for some of its
clients. This month we are pleased to report that two clients
were awarded Best of Philly®. They are both deserving of
the accolade.
- Tiffin Store was named as Best Indian
Food. Tiffin
is located at 710
West Girard Avenue, Philadelphia.
The website is www.tiffinstore.com. Tiffin was
also recently reviewed by Craig LaBan of the Philadelphia
Inquirer; to read the review, Click here.
- Zento Contemporary was named Best Sushi. Zento is
located at 138
Chestnut Street. The website is
www.zentocontemporary.com.
Zento was also recently reviewed by Craig LaBan of the
Philadelphia Inquirer; to read the review, Click here.
·
We would be
remiss if we didn't also mention Morroni Fino Toccare Custom Clothing,
which was awarded Best of Philly® in 2005 for custom clothes.
The website is www.morronicustom.com.
Congratulations
to all three of you!
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Media Moments
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Rob recently spoke
with M.A.C.E., Management Accounting Consulting Executives, regarding
legal issues faced by small businesses.
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What is The
Legality of Rescinded Job Offers?
AS SEEN IN ROB'S MONTHLY ARTICLE, "ASK THE
ATTORNEY"
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Question: I received a
job offer, quit my old job, sold my house and moved across the
country. When I arrived in Philadelphia
I was told there was no job. Do I have a claim?
This
question comes on the heels of last month's column regarding Pennsylvania
being an "at will" employment state. To recap, the
employment-at-will doctrine provides that, for an employment
relationship of an indefinite term, both the employer and the employee
may terminate the relationship at any time, with or without cause, so
long as the termination does not violate a contract or
employment-related statute. That means that an employer can discharge
an employee for any reason or for no reason at all.
This question raises a more complicated
question. What is the responsibility of a potential employer when an
offer of employment is made and accepted, and the employee reasonably
relies on the offer? There is a legal theory known as
"promissory estoppel", which prevents one party from
withdrawing a promise made to a second party if the second party has
reasonably relied on the promise and acted upon it. Therefore, it
seems on its face that a claim exists under the circumstances.
However, there are
not many cases in Pennsylvania
addressing this issue. In 2002, the federal court in the Eastern
District of Pennsylvania held that promissory estoppel is not a
separate cause of action; it may be raised either as an affirmative
defense or as grounds to prevent the defendant from raising a
particular defense. The court went on to state that "Pennsylvania
law simply does not recognize promissory estoppel as an exception to
the at-will employment doctrine." However, from my perspective,
that is not the end of the story. First, other states take a
different view. Those states that find there to be a claim do so for
a number of theories, such as the employer failing to keep its
promise or violation of the covenant of good faith and fair dealing.
Those courts also see a difference between the employment, which is
at will, and the agreement to employ, which is a separate agreement.
Those courts that agree with Pennsylvania
claim that even if there is a promise, it is a promise only for an
at-will relationship. Those courts ask, "How can a potential
employee have greater rights than someone who actually starts the
job?" While the reasoning of those courts is sound, what
should tilt the balance in favor of the employee is the issue of
public policy and simple fairness.
While an employer can discharge an employee
for any reason, most people would agree that so long as the employee
is performing, he will not be discharged.
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I enjoy being able to share
with everyone the Firm's continuous growth and development. Whenever
you get the chance, pick up the phone or send me an email and let me
know how you are as well.
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