Legal Question in Employment Law in New York

Re: Counter offer reneged on

Your Message:

I recently accepted a counter offer from my employer to continue my employment there. I did not have the foresight to obtain this offer in writing. They are now delaying my salery increase and reneging on certain other aspects of the offer. Do I have any recourse?

Reply:

Unfortunately the answer to your question is �maybe�. If you work in New York, you must first understand that New York is an �At-Will� employment state, which means, generally, you may resign or be fired �At-Will�. The exceptions come into play when either (a) a decision is based on an impermissible factor, such as your race or gender; or (b) you have a contract or collective bargaining agreement. Your situation may fall into exception (b). New York courts, under certain circumstances will enforce oral contracts (i.e. unwritten contracts). The reason the answer to your question is �maybe�, is because you have not provided enough detail to determine whether the �counter offer� you refer to contains the essential terms necessary for an enforceable contract.

We would be happy to discuss the particulars of your situation with you. Kindly telephone our office at (914) 949-6323.