employment contract question for lawyer

[Anonymous]

I hired in November for a job starting next week. It more or less worked out with a job I had that was ending the beginning of Dec. so I picked up days to fill in here and there with other families between the jobs. The family hired me on Nov.1 via phone and then sent me an email saying they were hiring me to start in Jan for xx days and a contract would follow and they requested that I respond to the email agreeing that they had hired me for Jan and those days. I had a really good feeling about the job and the family. I worked a couple of days for them and things were going well (I thought.) But then out of nowhere they changed their mind two days ago. The contract states they would give me 60 days severance or notice if/when they no longer needed my services, that both parties are mutually reliant on the contract and will exhaust all measures before ending it during the trial period. However although we signed the contract in Dec. they said it would start Jan 17.

So my question is does the contract really start on Jan 17 or did it start on Nov 1 when they essentially retained my services by requesting me to respond to their hiring email saying I agree to work for them starting in Jan? FWIW they didn't give me any reason, just that they changed their mind. I'm very frustrated because I stopped looking for a job 10 wks ago based on our agreement and I feel like they led me on needlessly. They did offer $250 for my inconvenience but I think they owe me 60 days per the contract based on the circumstances. It's not like they hired me last week and changed their mind.

[Anonymous]

Too few details here, but you should contact a lawyer.

Sounds like maybe there were two different agreements here:

1) The email or whatever the arrangement was that enabled you to work the last two days; and
2) The contract saying you'll start on Jan 17.

Generally, contracts are enforceable as of the date that they're signed... not the date that they "start". It would depend on what state you're in a bit, but most employees (even under a contract) are "at will". Meaning they can terminate you at any time. But if your contract (either the Nov email or the later "contract") specify that they are hiring you for a certain number of days: (for example, "You agree to work for us from January 2-19 from 9-5 daily), then that may be enforceable. Were you in the "trial period" (however that was defined?)

You might be entitled to some severance, but generally there is a duty to "mitigate" damages. meaning, they may be on the hook for some portion of your time, because you relied on their offer of employment. But you are not entitled to sit on your butt and eat bon bons for the next 60 days on their dime. YOu will have some obligation to start job hunting. If you can't get another job until 30 days from now, they may have to pay the difference.

[Anonymous]

Thank you for your reply. To clarify it was a nanny job with an indefinite end date. They hired me for T-W-Th 10 hr days with the possibility of adding M later on. I've already posted on craigslist and another local list serv to find another job and have taken steps toward reactivating my status with the agency I'm registered with.