If a company agrees to pay travel cost for a job interview, is the promise binding and enforceable?
There is a question on workplace.SE about a company which offered to pay travel costs for a job interview, but canceled the return ticket after ending the interview - Potential Employer Cancels Return Flight.
Generally, when arranging a job interview which requires the candidate to travel, it is common for the potential employer to pay travel cost and lodging for the candidate. In practice, the employer will ususally offer this, often in writing, but not write up a formal contract or similar document.
In that situation, can the employer later renege on the promise to pay costs? In particular, can they renege after the candidate has begun their journey, thus saddling the candidate with the travel cost?
My thoughts:
- On the one hand, a simple one-sided promise is usually not binding, as a binding agreement requires both sides to give something (called consideration in Common law).
- On the other hand, there is the notion of detrimental reliance, which appears to fit here. Also, one could argue that the candidate does provide something in exchange, namely their presence and willingness to attend the interview (basically, the company trades travel costs for having the candidate present for the interview).
So, is the promise to pay the candidate's cost enforceable or not?
Im interested in any jurisdiction, particularly European and US.
contract-law employment
asked 1 hour ago
sleskesleske
2,890731
add a comment |
There is a question on workplace.SE about a company which offered to pay travel costs for a job interview, but canceled the return ticket after ending the interview - Potential Employer Cancels Return Flight.
Generally, when arranging a job interview which requires the candidate to travel, it is common for the potential employer to pay travel cost and lodging for the candidate. In practice, the employer will ususally offer this, often in writing, but not write up a formal contract or similar document.
In that situation, can the employer later renege on the promise to pay costs? In particular, can they renege after the candidate has begun their journey, thus saddling the candidate with the travel cost?
My thoughts:
- On the one hand, a simple one-sided promise is usually not binding, as a binding agreement requires both sides to give something (called consideration in Common law).
- On the other hand, there is the notion of detrimental reliance, which appears to fit here. Also, one could argue that the candidate does provide something in exchange, namely their presence and willingness to attend the interview (basically, the company trades travel costs for having the candidate present for the interview).
So, is the promise to pay the candidate's cost enforceable or not?
Im interested in any jurisdiction, particularly European and US.
contract-law employment
asked 1 hour ago
sleskesleske
2,890731
add a comment |
There is a question on workplace.SE about a company which offered to pay travel costs for a job interview, but canceled the return ticket after ending the interview - Potential Employer Cancels Return Flight.
Generally, when arranging a job interview which requires the candidate to travel, it is common for the potential employer to pay travel cost and lodging for the candidate. In practice, the employer will ususally offer this, often in writing, but not write up a formal contract or similar document.
In that situation, can the employer later renege on the promise to pay costs? In particular, can they renege after the candidate has begun their journey, thus saddling the candidate with the travel cost?
My thoughts:
- On the one hand, a simple one-sided promise is usually not binding, as a binding agreement requires both sides to give something (called consideration in Common law).
- On the other hand, there is the notion of detrimental reliance, which appears to fit here. Also, one could argue that the candidate does provide something in exchange, namely their presence and willingness to attend the interview (basically, the company trades travel costs for having the candidate present for the interview).
So, is the promise to pay the candidate's cost enforceable or not?
Im interested in any jurisdiction, particularly European and US.
contract-law employment
asked 1 hour ago
sleskesleske
2,890731
There is a question on workplace.SE about a company which offered to pay travel costs for a job interview, but canceled the return ticket after ending the interview - Potential Employer Cancels Return Flight.
Generally, when arranging a job interview which requires the candidate to travel, it is common for the potential employer to pay travel cost and lodging for the candidate. In practice, the employer will ususally offer this, often in writing, but not write up a formal contract or similar document.
In that situation, can the employer later renege on the promise to pay costs? In particular, can they renege after the candidate has begun their journey, thus saddling the candidate with the travel cost?
My thoughts:
- On the one hand, a simple one-sided promise is usually not binding, as a binding agreement requires both sides to give something (called consideration in Common law).
- On the other hand, there is the notion of detrimental reliance, which appears to fit here. Also, one could argue that the candidate does provide something in exchange, namely their presence and willingness to attend the interview (basically, the company trades travel costs for having the candidate present for the interview).
So, is the promise to pay the candidate's cost enforceable or not?
Im interested in any jurisdiction, particularly European and US.
contract-law employment
contract-law employment
asked 1 hour ago
sleskesleske
2,890731
asked 1 hour ago
sleskesleske
2,890731
asked 1 hour ago
sleskesleske
2,890731
asked 1 hour ago
sleskesleske
2,890731
asked 1 hour ago
sleskesleske
2,890731
2,890731
add a comment |
add a comment |
1 Answer
1
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This aspect (and many others) of contract law is applicable in the US and various countries of the EU.
can they renege after the candidate has begun their journey, thus
saddling the candidate with the travel cost?
No. The company would incur breach of contract.
There is no need for a formal contract. The candidate only needs to prove that the company agreed (in writing, orally or clearly through its conduct) to cover or reimburse those expenses and that this elicited a meeting of the minds.
The agreement would be void only if the candidate incurred the expenses despite knowing (via timely notice) that the company changed its mind.
a binding agreement requires both sides to give something
Here, the candidate's consideration is his time and effort to accommodate the company's interest in assessing the candidate's profile at a location that is convenient to the company.
answered 49 mins ago
Iñaki ViggersIñaki Viggers
6,6241821
1
The last line is true. The alternative is to fly the manager and one other person out there to perform the interview convenient for the candidate. I'm sure most companies will just fly the candidate instead.
– Nelson
28 mins ago
add a comment |
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1 Answer
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1 Answer
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oldest
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oldest
votes
This aspect (and many others) of contract law is applicable in the US and various countries of the EU.
can they renege after the candidate has begun their journey, thus
saddling the candidate with the travel cost?
No. The company would incur breach of contract.
There is no need for a formal contract. The candidate only needs to prove that the company agreed (in writing, orally or clearly through its conduct) to cover or reimburse those expenses and that this elicited a meeting of the minds.
The agreement would be void only if the candidate incurred the expenses despite knowing (via timely notice) that the company changed its mind.
a binding agreement requires both sides to give something
Here, the candidate's consideration is his time and effort to accommodate the company's interest in assessing the candidate's profile at a location that is convenient to the company.
answered 49 mins ago
Iñaki ViggersIñaki Viggers
6,6241821
1
The last line is true. The alternative is to fly the manager and one other person out there to perform the interview convenient for the candidate. I'm sure most companies will just fly the candidate instead.
– Nelson
28 mins ago
add a comment |
This aspect (and many others) of contract law is applicable in the US and various countries of the EU.
can they renege after the candidate has begun their journey, thus
saddling the candidate with the travel cost?
No. The company would incur breach of contract.
There is no need for a formal contract. The candidate only needs to prove that the company agreed (in writing, orally or clearly through its conduct) to cover or reimburse those expenses and that this elicited a meeting of the minds.
The agreement would be void only if the candidate incurred the expenses despite knowing (via timely notice) that the company changed its mind.
a binding agreement requires both sides to give something
Here, the candidate's consideration is his time and effort to accommodate the company's interest in assessing the candidate's profile at a location that is convenient to the company.
answered 49 mins ago
Iñaki ViggersIñaki Viggers
6,6241821
1
The last line is true. The alternative is to fly the manager and one other person out there to perform the interview convenient for the candidate. I'm sure most companies will just fly the candidate instead.
– Nelson
28 mins ago
add a comment |
This aspect (and many others) of contract law is applicable in the US and various countries of the EU.
can they renege after the candidate has begun their journey, thus
saddling the candidate with the travel cost?
No. The company would incur breach of contract.
There is no need for a formal contract. The candidate only needs to prove that the company agreed (in writing, orally or clearly through its conduct) to cover or reimburse those expenses and that this elicited a meeting of the minds.
The agreement would be void only if the candidate incurred the expenses despite knowing (via timely notice) that the company changed its mind.
a binding agreement requires both sides to give something
Here, the candidate's consideration is his time and effort to accommodate the company's interest in assessing the candidate's profile at a location that is convenient to the company.
answered 49 mins ago
Iñaki ViggersIñaki Viggers
6,6241821
This aspect (and many others) of contract law is applicable in the US and various countries of the EU.
can they renege after the candidate has begun their journey, thus
saddling the candidate with the travel cost?
No. The company would incur breach of contract.
There is no need for a formal contract. The candidate only needs to prove that the company agreed (in writing, orally or clearly through its conduct) to cover or reimburse those expenses and that this elicited a meeting of the minds.
The agreement would be void only if the candidate incurred the expenses despite knowing (via timely notice) that the company changed its mind.
a binding agreement requires both sides to give something
Here, the candidate's consideration is his time and effort to accommodate the company's interest in assessing the candidate's profile at a location that is convenient to the company.
answered 49 mins ago
Iñaki ViggersIñaki Viggers
6,6241821
answered 49 mins ago
Iñaki ViggersIñaki Viggers
6,6241821
answered 49 mins ago
Iñaki ViggersIñaki Viggers
6,6241821
answered 49 mins ago
Iñaki ViggersIñaki Viggers
6,6241821
6,6241821
1
The last line is true. The alternative is to fly the manager and one other person out there to perform the interview convenient for the candidate. I'm sure most companies will just fly the candidate instead.
– Nelson
28 mins ago
add a comment |
1
The last line is true. The alternative is to fly the manager and one other person out there to perform the interview convenient for the candidate. I'm sure most companies will just fly the candidate instead.
– Nelson
28 mins ago
1
1
The last line is true. The alternative is to fly the manager and one other person out there to perform the interview convenient for the candidate. I'm sure most companies will just fly the candidate instead.
– Nelson
28 mins ago
The last line is true. The alternative is to fly the manager and one other person out there to perform the interview convenient for the candidate. I'm sure most companies will just fly the candidate instead.
– Nelson
28 mins ago
add a comment |
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