[theoracle]

The person I'm replacing is still there, and the status of the job she is leaving for is in limbo. Apparently she gave notice a month ago, and her government job still has not cleared her background screen. I left my old job, and the new employer is not saying what will happen if she does not get her new job. When I asked my new boss about this and whether I would be released her reply is that would not be fair and they have discussed this with the existing person. The woman I'm replacing is being very uncooperative since her new job is in limbo, and I suspect this company would screw me over and keep the existing person in this job. What should I do?

[ScottGem]

Do you have an offer letter or sign a contract?

[theoracle]

Yes, I have an offer letter. All of their offers & new hire documents are done through a software package, VirtualEdge. I records that I accepted the offer and was onboarded

[ScottGem]

First, please don't use the Comments feature for follow-up. Use the Answer options instead.

The have to provide you with the job or a comparable one. More likely they have to move the former job holder into a comparable position.

[theoracle]

Sorry, I didn't see the proper way to reply. Would I have any legal recourse if they did decide to keep her and separate me?

[ScottGem]

It depends on the wording of the offer letter. But I believe you would have a case for them paying you up to one year.

[theoracle]

It just contains the standard "at-will" employment language of any private employer. I have read about similar cases in the past but wasn't sure what reparations are possible. Your reply sounds reasonable to me. Hopefully I won't end up testing this out. Thanks for your reply!

[ScottGem]

Generally, in an at-will state, they can terminate you for any reason at any But in your case, left a job based on a bona fide offer. In such a case a court would award you some compensation.

[Fr_Chuck]

I would ask them to re-assign the other employee and allow you to assume the job they hired you for, I would state that the other employee is suppose to be leaving and if they are merely making a place for her, to make it somewhere else at some other duty.

I would not mention the idea of them releasing you, only moving the other employee out of the way.

Back ground clearance depending on the level can take months.

[theoracle]

Thanks to you both for your replies. I will have "the conversation" with them again. Right now she is still there.