Legal Question in Employment Law in Virginia
Is an employment offer a contract?
When an employer makes an offer does that constitute a legal and binding contract? I received an employment offer ''expressed'' to me in writing, and after negotiation accepted their revised offer. There was ''mutual assent'' and ''consideration''. This offer was provided to me via email. After a year of employment (without any complaints or performance problems) I did not receive the agreed upon raise and bonus schedule. I informed them of their original agreement where they stated they didn't think they were going honor the agreement. I was a valuable manager and produced results ahead of schedule and within budget. They had no complaints to speak of at my 1 year evaluation. I was livid and meticulously expressed my discontent. Recently I accepted a position with another Company and after I resigned,(obviously letting them know why) I was informed by ''Company 1'' that they would make right on their agreement.(I work in a close knit industry where reputations count) However, I have little confidence that they will fulfill their end of the agreement as it has been close to 3 months and i believe it was a stall tactic. I'm looking at close to 15K and like most of us, really need of this money! Help!! (and much thanks in advance!) JH
2 Answers from Attorneys
Re: Is an employment offer a contract?
There seems to be a lot of this type of thing going on right now. This is the second example of this type of back peddling on employment contracts I have come across in the last two months. It must be the hard economic times.
In any case, based on the facts you have laid out you appear to have cause of action in contract. Your agreement with your former employer is fully memorialized and you have performed. If they have not made good in three months, then you should consider suing. That should get them of the dime. If you are interested in discussing your case further, please feel free to call my office, with no obligation for that first call. In any case good luck with it.
Re: Is an employment offer a contract?
It's not clear from your question where you want to go with this, i.e., back to work for company1(assuming they pay up) or to sue them
for damages for breach of contract(which could be expensive) or, perhaps, wait a while longer to see whether they up and send you a check while you continue in your present employment(fat chance).
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