Legal Question in Business Law in Virginia
verbal agreement
the owner of my company had verbally told 4 employees that he would give them 3% ownership of his company if we agreed to help him start the company. We had to agree to work for three years and after that commitment, he would give us 3% ownership. It is now 4 years and he keeps promising to give us a letter of intent, which hasn't shown up yet. How do we keep him to his word?
2 Answers from Attorneys
Re: verbal agreement
Unless you had a written agreement, it's probably now too late to enforce any oral agreement, which has a statute
of limitations in the Commonwealth of only three years.
Re: verbal agreement
Correction: My previous answer is erroneous. Attorney Robert Strupp has rightly pointed out to me that you would have three years (the statute of limitations for oral contracts)from the date of the breach which would not have occurred until the end of the first three year period. You and your co-workers to whom this oral primise was allegedly made, would, therefore,
appear to have at least a couple of more years to file your case. However, given the difficulty of proving an oral contract in a court of law, particularly a contract of the kind which you've alleged, if the owner is clearly not going to cure his apparent breach of his promise by giving each of you the promised 3% ownership in the company, then you would be well advised not to wait too much longer in
filing your cause(s)of action.
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