Don v. Stormy Don, a young lawyer in Los Angeles, interviewed with Stormy, a senior partner of
Question:
Don v. Stormy
Don, a young lawyer in Los Angeles, interviewed with Stormy, a senior partner of a law firm in San Francisco. At the end of a pleasant interview that covered such topics as salary ($250,000), working hours (at least 1800 hours per year), moving expenses (expenses up to $10,000 covered) and employee benefits (including 401K, health, and dental insurance), Stormy tells Don: "Although I have to discuss your potential employment with my partners next week, I really look forward to working with you and I promise you are going to enjoy our firm. Please let me know if I can help you prepare for your relocation to San Francisco." Stormy and Don then shake hands and Don heads back to Los Angeles.
Subsequently, Don quits his job, gives 30-day notice to his landlord, rents an apartment in San Francisco, hires a moving company to pack and move all of his belongings, and moves to San Francisco. Don then called Stormy to ask if he could start his job the following week. Stormy replied that due to the coronavirus pandemic, unfortunately, there was no job opportunity for Don.
Don wants to recover his out-of-pocket expenses and lost wages from Stormy.
1. Is there an agreement between Don and Stormy? Discuss in detail.
2. Assuming there is no enforceable contract between Don and Stormy, under what legal theory may Don proceed against Stormy? Will Don win? Discuss in detail.