Dismissed Before Starting New Job

Can you be terminated before you have started work at a job?

The answer is yes because the definition of employee includes “someone intending to work”. We have many times come across this distressing situation where people have accepted a job offer, given notice at their current job, and then the new employer says, “Sorry, we don’t have a job for you anymore.” As you can imagine, this can be very harmful to the employee whose career and finances can be badly damaged by being left high and dry.

Most employers don’t realise that someone who has accepted a job offer with them, but not yet started work, must be treated in the same way as a normal employee, if they intend to make a decision that affects their employment. Usually, this means that the not-yet-started-employee cannot be dismissed, or any other changes made, without good cause and without the proper procedure being followed. The situation is likely to be different for someone who has accepted a job offer that includes a 90 day trial clause, but even then if something goes wrong, it’s a good idea to run your scenario past us to see what can be done.