Breaking a job offer unjustifiably can be very expensive

 

The case: broken promise, caused damage

In this case, a woman with an indefinite contract accepted a new position as an administrative assistant in Logroño. On March 21, the company sent her the necessary documentation to formalize the contract, indicating a start date of April 11. With that firm offer, the worker submitted her voluntary resignation at her previous company.

But on April 3, days before starting, the company communicated via email that, due to "organizational reasons," they would not fill the position. What's more serious: the vacancy was filled by another person shortly after.

What does justice say?

The TSJLR concluded that the company incurred in an "unjustified deprivation of a stable job." The woman left an indefinite job relying on a clear offer, formalized in writing and with a start date. Therefore, she was granted compensation of 11, 876. 64 euros for loss of earnings, that is, for the foregone salary.

What does this imply for companies?

The ruling is clear: a firm job offer is equivalent to a pre-contract. If the company has communicated the selection, requested documentation, and set a start date, there are already legal commitments.

Breaking that agreement without valid justification can result in a legal claim, with compensation for damages.

In a context where attracting talent is key, acting with legal rigor in the selection processes is essential.