Legal Question in Employment Law in Tennessee

Contract not being honored

I recently started wroking for a company and i signed a contract with them that stated the rate of pay i would get, along with other benefits that would be provided to me such as a company car, company credit card for gas, etc... Since my start date i have yet to recieve any of these benefits and to make matters worse my rate of pay has been changed from what was on my signed contract. When i was informed about the new rate of pay my contract was not updated. What are my rights in holding this employer to the contract they signed with me and are they required to provide me the benefits that was stated to me.


Asked on 7/12/07, 9:49 am

1 Answer from Attorneys

Alan Crone Crone & McEvoy, PLC

Re: Contract not being honored

First, it depends on what the contract specifically says. Many employers in Tennessee will have "contracts" that are not binding on them. They have language in them which gives the company the right to change any term without notice and other limiting language. If they did not put such language in the agreement and it is binding you have a number of options.

1. Try to negotiate a resolution. For most people this is the most desired solution because if they want to remain with the company it is less adversarial than filing a lawsuit. You can use such issues as the company's honor, your threat to leave, and other issues you may know about as leverage to get them to live up to the agreement. You could also consider offering to give up certain items for other items. I question whether this will work if they have not lived up to what they said they would do before. Why trust them now?

2. Engage a lawyer to negotiate for you/sue them. This is much for adversarial. It could result in your seperation from employment. This may be counterproductive for such ongoing items as a company car. If you have enough at issue, this may be the way to go if you do not think you can work it out yourself.

3. Leave the company. If they are not people of honor and do not live up to their committments, why work for them?

You really need to show the contract to an attorney and let them give you an informed opinion after asking you follow up questions about your situation. Most situations like this are different and it is hard to give full answers without more information. Good Luck!

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Answered on 7/12/07, 10:36 am


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