Under the theory of promissory estoppel, an employer may be held liable if the promise of employment results in a loss of some kind to the candidate. Generally, such a claim arises when an employer makes a job offer and the candidate, in relying on the offer, loses or gives up something of value in order to accept the offer (e.g., leaves an existing job or incurs moving expenses to relocate for the job), only to have the employer rescind the offer.
The potential for recovery varies from state to state, but some courts have found that even if the employment relationship is merely “at-will”, the candidate is nevertheless entitled to the damages incurred as a result of his or her “detrimental reliance” on the offer. It is unlikely, however, that an individual will receive the job that he/she was promised.