Legal Question in Employment Law in California

JoAnn was offered a position as Manager of FoodService for Sri Garden, an independent school. She receives a written offer of employment on the first of the month, with a stipulation that the offer would be in effect until the fifteenth of the month. If JoAnn were to accept the employment offer, she would have to sign the employment contract, and return it to Sri Garden�s HR Manager before the offer expired on the fifteenth.
Upon receiving the details of the contract, JoAnn felt that the salary identified in the letter was too low, and thus she adjusted it upward by $5,000, initialing her change on the contract copy. She then returned the offer letter to the HR Manager with a cover letter, stating she was pleased to accept the position as detailed in the contract. The contract arrived by mail in the office of the HR Manager on the fourteenth of the month, at which time, the HR Manager called JoAnn to express his regret that she had rejected the employment offer. During the telephone call, JoAnn realized that the HR Manager would not accept her salary revision proposal, so instead she verbally accepted the position at the original rate of pay. The HR Manager, however, declined her acceptance, stating that the original employment offer no longer existed.
1)Does the school have the legal right to withdraw its offer of employment? Why or why not?
2)Assuming that JoAnn did not alter the salary amount, explain whether a contract exists by identifying the elements of contract. Make reasonable assumptions.

Asked on 8/13/11, 10:12 am

3 Answers from Attorneys

Robert Worth Robert J. Worth , Professional Law Corporation

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By making the change JoAnn not only made a counter offer she effectively rejected the original offer. Unfortunately the employer was under no obligation to either keep the orginal offer on the table. No payment was made to keep the time open thus, no contract existed and the offer of that time period was simply a gratuitous period. I hope this helps. Bob

Answered on 8/13/11, 10:40 am

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