Legal Question in Employment Law in Michigan

employment

I was offered research asstistant position at Wayne State U., which included substantial compensation package. The offer said that the offer could not be changed except in writing.

I left gainful employment to accept the position. within a year the union (which my position was not represented) filed grievance. the university and union had several meetings. I was not notified or given any information about proceedings, nor allowed to respond. my position was changed and put into bargaining unit,(taking my compensation package and freezing my salary)

I believe there was collusion between the union and university to make win-win for them and big loss for me. I feel like i was shanghaied into this psition fraudulently. any suggestions? Thank you


Asked on 8/03/99, 8:55 am

1 Answer from Attorneys

Stephen Scapelliti Law Office of Stephen Scapelliti, Esq.

Re: employment

A written contract of employment may be enforced by the courts, and the employer could be required to provide the position and the compensation that was promised the agreement.

You indicate that the offer says that it cannot be changed except in writing. Your contract (the agreement which you and the University signed) should state that it can only be changed by a writing which is signed by both you and the University. That would prevent either party from avoiding its obligations under the agreement. Your inquiry suggests that you have not agreed to these changes in your employment.

If the employer knows and understands that the new employee has left other lucrative employment and/or done other things in reliance upon the promised employment, then the employer could be liable for damages relating to that reliance, such as for lost opportunities, moving expenses, loss of benefits, and other similar losses.

A claim of fraud would be in addition to a claim for breach of contract. Fraud might exist if the employer, at the time of making the promise of employment and terms of employment, did not intend to honor the contract. Intent in a fraud matter can be difficult to prove.

This response is not intended as legal advice. Your rights and obligations will depend upon the particular facts and circumstances affecting this matter. You should consult an attorney in your area to discuss all of the relevant facts and circumstances. No attorney/client relationship is created as a result of this response

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Answered on 9/03/99, 11:13 am


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