Lifelines on Japan Times: Can the employer retract a job offer?

I really point out this one just for this paragraph:

“My first meeting with Company B was at the end of June, and they gave me a verbal agreement along with a rough draft of the employment contract to view in early July, which I perused through and found agreeable. I returned the contract to Company B promptly upon their request and was instructed to wait for a final draft to be delivered from the States. I am still waiting.

[Emphasis added.]

The story is one of a potential employee who was given a draft contract and gave his assent. Then, the Japanese affiliate said that the “final” contract would have to come from another authority, in the United States. (What was the one he or she agreed to then?)

Depending on the facts the offeree has, it may be that the Japanese affiliate is on the hook to provide a job. You can best be sure, that, if somehow the American parent decided that the employment deal should be retracted, it’s going to be mighty hard for this person to prove that he had even what it sounds like the labor law in Japan gave him.

[Update 10/10/12: For the legal minded, at least in common law, you see what the problem above was? Yes, it looks like the “draft” contract was an offer, and the agreeing was acceptance. Then, along comes: we have to check with the home office. A classic negotiating ruse. Right? Now, the offeree feels that they can’t go out an entertain other offers, because they are on the hook for their part of the bargain. (Consider estoppel.) The employer side has changed the contract into one where the offeree is seeking out the acceptance, not the other way around.]

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