Legal Question in Employment Law in New York

Re: Oral employment contract

I agree with what the others have said--an oral agreement of employment for less than one year is binding, but you will have to prove how long the agreement was to last and that it was in fact for a fixed period of time. I am glad to talk to you about this--you can reach me at 212 867-4754,

Chris Edelson

Re: Oral employment contract

Sure. It is to take place in less than a year,

so it is outside the Statute of Frauds, which

forbids collecting on an oral promise which is not to be completed within the year. But there are other factors. Call a lawyer.

Re: Oral employment contract

Just to amplify what Harold said, all of which I agree with, your problem is proving the term of the agreement. In theory, you have an enforceable agreement. In practice, someone is going to contradict your allegation that the agreement was for a fixed period.

That's an important distinction. In an employment contract of no fixed duration, the law deems the relationship to be "at will." That means you can be fired at any time, for any or no reason. Contracts of fixed duration are enforceable by their terms. I just got an easy $55,000 judgment for a client who had a written, 1-year employment agreement that the employer breached.

Because your agreement isn't in writing (and I assume there are no documents tending to show employment for a fixed duration) you have a devilish problem of proof. It's your word against theirs, which, in New York employment cases, stacks the deck in the employer's favor.

Next time, get it in writing!