Full question:
On 4/12/2009 I was Removed from government service after 20+ years. I filed an MSPB appeal. A settlement was offered, I didn't have a lawyer, so one of the settlements offer was to change the Removal on my SF-50 to a Resignation, that was done. Next, I received a 'tentative' offer for a job within the Department of Army. After receiving the 'tentative' offer, I was offered a 'confirmation' to confirm that I wanted the job, I confirmed the job by email. Next, I received an email and letter from this agency saying the 'tentative' offer has been 'withdrawn' for derogatory information. The offer was a 'confirmation' not 'tentative'. I need a pro bono or someone who can guide me to the right persons, so we can win this case. I have filed two MSPB appeals, the first appeal was so-called settled, but this second one is not settled, this is why I am seeking assistance.
- Category: Employment
- Date:
- State: Virginia
Answer:
Whether or not the offer was conditional weill be a matter of determination for the court, based on all the facts and documents involved. Acceptance of an offer is the expression of assent to its terms. Acceptance must generally be made in the manner specified by the offer. If no manner of acceptance is specified by the offer, then acceptance may be made in a manner that is reasonable under the circumstances. An acceptance is only valid, however, if the offeree knows of the offer, the offeree manifests an intention to accept, and the acceptance is expressed as an unequivocal and unconditional agreement to the terms of the offer.
Many offers specify the method of acceptance, whether it be oral or written, by phone or in person, by handshake or by ceremony. Other offers leave open the method of acceptance, allowing the offeree to accept in a reasonable manner. Most consumer transactions fall into this category, as when a shopper "accepts" a merchant's offer by taking possession of a particular good and paying for it at the cash register. But what constitutes a "reasonable" acceptance will vary according to the contract.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
