Legal Question in Employment Law in Florida
verbal contracts
I hired a VP of Marketing and upon hiring him I offered an opportunity to become partner if his performance was superb, now I am laying him off as he is a below average employee, but he now claims we have a ''verbal contract'' to this partner offer, is this true?
2 Answers from Attorneys
Re: verbal contracts
While the phrase "an oral contract is not worth the paper it is written on" usually rings true, such a contract can be enforceable under the proper circumstances. Under the terms that you have stated in your question, the "contract" does not appear to be enforceable. However, anyone can bring a claim based upon these unclear terms. I would begin looking for documentary evidence which tends to define any terms of employment. This can include emails, letters, employee manuals, documents signed upon hire, etc.
There are many potential defenses to this claim, not the least of which may be the statute of frauds. You should contact an attorney should this matter begin to escalate (even slightly). This is advisable sooner rather than later.
Re: verbal contracts
Not as you described it.
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