Legal Question in Employment Law in California
Hiring Letter.
Is a hiring letter a contract? If not, if the employer reduces the promised rate of salary without informing the employee, can an employee claim constraint by conscience or intellectual integrity--that is not allowing to continue in a feeling of being deceived--as a legal justification to renege another contract, in this case, a training agreement offered three days into the employee's employment? There was no mention of the training agreement at any time during the interview, making the hiring letter the sole basis for accepting the job offer. The mentioned training agreement also has a provision for the employee to work for the company two years.
1 Answer from Attorneys
Re: Hiring Letter.
A hiring letter may take the form of a contract if it meets all the elements necessary to form a contract. Don't assume it is a contract, or read into it things not stated in the letter. For example, just because a salary is stated in the letter does not necessarily mean the employer is required to pay that salary during the entire period of employment. Unless a specific time period is stated, terms of employment can change subject to notice.
There is no legal theory known as "constraint by conscience or intellectual integrity", so I doubt this will be of any help to you.
I cannot address the facts of your case as they are not presented clearly. Just know, that generally speaking, it is normal for employers to require training periods for new hires. If you believe you were duped into accepting an offer of employment presented under false pretences, you should schedule an appointment with an employment law attorney near you to discuss your case further.
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