How binding can verbal job offers by a corporate officer be?

Question

I was offered a position by two vice presidents of our university. It was to be a tranfer from one department to another. The position offer was also approved, in principle, by the university's General Counsel, the university's Controller, and by conversation with a current member of the university's Board of Trustees . It was announced to my co-workers in the department I would be leaving, and announced to the new area I would be joining. No voices of opposition were heard. I was actually taken to a specially called meeting of the department I'd be joining to discuss details of the transfer. I was paraded around like a prize sheep at the state fair. I made arrangements in my personal life for the new position. Several days later I was informed that the university president decided that the transfer shouldn't happen. I was greatly disappointed, saddened, hurt, and hugely embarassed. I still don't know why the decision was made. Do I have any legal recourse? We are non-union.

Answer 1

A contract is legally binding even if it is a verbal agreement. It is however safer to get a written employment contract. The minimum information that must be included in the statement or contract is:
* Name of company
* employee's name
* A proper work description
* The commencement of employment date
* Work address
* Remuneration
* Minimum and maximum working hours
* Leave arrangements and stipulations regarding work on public holidays
* Sick leave stipulations
* Pension regulations
* Minimum notice time
* Procedures for complaints
* Disciplinary procedures
* Collective bargaining procedures

A valid contract requires two and sometimes three elements:
* An agreement (meeting of the minds) between the parties.
* "Consideration:" a legal term meaning the exchange of things of value.
* Something in writing, if the contract covers certain matters, such as the sale of real estate and tasks that can?t be completed in one year.
For example, suppose you're opening a new store. You meet with Joe, a sign maker, to discuss the construction and installation of a five-foot by three-foot sign. Joe offers to do the work for $450 and to have the sign ready for your grand opening on June 15. "It's a deal," you say. You now have a legally binding contract, enforceable in court or by arbitration. All the necessary elements are present:
* An Agreement. Joe offered to build and install the sign at a certain price by a certain date. You accepted the offer by telling Joe, "It's a deal."
* Consideration. The two of you are exchanging something of value. You're giving your promise to pay $450. Joe is giving his promise to build and install the sign.
* Written Agreement Not Required Here. Normal business contracts that can be performed in less than a year don?t have to be in writing to be enforceable.

To understand why "consideration" is important, explore the difference between a contract and a gift. Assume that Joe installs the sign on time and you pay him $450 as agreed. Impressed by the high quality of his work, you say: "Joe, to thank you for the great job you did, I'm going to send you a $100 bonus next week." Can Joe enforce your promise to pay the bonus? No. He got what he bargained for - the $450 payment. He didn't promise you anything (consideration) for the extra $100 payment. If you pay it, fine. If not, Joe can't force you to.

Contact an attorney in your area who specializes in Labor and Employment law. You could also file a claim with the Equal Employment Opportunity Commission (EEOC).

Answer 2

You should contact an attorney and get a free consultation. If there were several witnesses as they paraded you around, you MAY have something. Then again, it may put a black mark on you if you pursue such action. Word can get around, and then prospective employers would be hesitant to hire you.
Good luck. I got a scare when I was verbally offered a job, then when I moved to the state, the owner of the company acted like he didn't offer me squat but conceded. I didn't stick around with his co. very long.

Answer 3

Depends. They might be. If you have a verbal job offer--and can prove it--and have take some action to your own detriment relying on the offer--like moving or quitting a prevuious job--the verbal offer may be enforceable.

Answer 4

Nope. Unless you have a contract (union or private) your employment is "at will" and the terms of your employment can be changed at any time without notice.

Personally, after a fiasco such as that, I'd be polishing up my resume. Of course, when I did leave, it would be with no notice -- that's the upside of at-will employment, it works both ways. If at all possible, I'd engineer my departure to be as painful as possible for them -- numerous projects with all of the small details locked tightly in my head, etc. No bridge-burners, mind you; just enough to leave them wishing they hadn't been so cruel.

Answer 5

Chances are, your university's personnell manual states that only the president of a university has authority to authorize variations from the standard written employment contract.

You may not have legal recourse, but you have a case to embarrass the heck out of the school to the media.

Best strategy, get a lawyer. He/She will be able to tell you the best strategy to get justice, whether its through a formal grievance procedure, an arbitration/court case, or taking the situation public.

Answer 6

Sue them and line up people that will make written statements on your behalf. But most probably won't because they might be afraid of losing their jobs.