Legal Question in Employment Law in Massachusetts

Misrepresentation of conditions of employment

In October of 1999 during a conversation with

the CTO of a small startup firm regarding employment

with that firm, statements were made by the CTO

to the effect; ''We [the initial n

'founders'/employees] are assuming the same risks,

and should start on the same page with the same

package and should benefeit equally.'' He then went

on to verbally offer a salary and equity package

that, given his statements, I had interpreted to

be the same salary and equity package offered to

each of the other n founders/employees.

I agreed with this statement and it weighed heavily

in my decision to leave my then current employment and to accept the ensuing written offer

and contract of employment with this firm.

In time, through conversations and from documentation

made available to myself, it became clear that

the CTO's statements were not entirely true.

In fact, neither salary nor equity packages given

to me are in-line with the other 'employees' who are considered founders.

My question is essentially; is there legal recourse

available to me in the event this situation is not

resolved to my satisfaction? Are there any precedent's

for this type of 'verbal' agreement.


Asked on 8/13/01, 1:29 pm

1 Answer from Attorneys
William McLeod McLeod Law Offices, PC

Re: Misrepresentation of conditions of employment

Here's where I see your problem lies: your state that there was ultimately a written offer and a written contract. If the offer and/or the contract do not mention the specific terms that you believe you were entitled to, chances are, you don't have a leg to stand on. Check your documents, and go from there.

Read more
Answered on 8/13/01, 2:41 pm


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