I work freelance as a video editor and recently finished a documentary abroad. The director of this documentary made me a verbal job proposal to work in California in a new production company he was setting up and we talked several times about it, all this once again... abroad (we are both american citizens). He left already for California and next thing I know is that he has someone already working the position he offered me. That was a month ago and I am still abroad. I am ready to leave for NYC where I live. I wonder if I got a case and if I could take this guy to court. Thanks a lot!
The stranded editor...
2006-10-23 02:32:06 · 8 answers · asked by ss000kk 1 in Politics & Government ➔ Law & Ethics
Probably not. An oral business contract could be valid. But an oral contract of employment might fail on two grounds: the employment at will principle in all US states (slightly different in Montana only); and the statute of frauds applicable to contracts of employment for more than one year (must be in writing).
If you can show that the contract of employment is a European contract (citizenship irrelevant) then you might have a different result. But in pratice that usually only helps employees who have worked beyond the trial period, or for longer than 1 or 2 years (depending on country; but this is EU law).
Sadly, many people have resigned jobs, sold houses, moved home and found the job they were promised has been withdrawn. You've got to get it in writing.
I know someone who was fired just because his new boss didn't like him, or liked someone else better for the job. But because he'd been hired during a time of boom in Wall Street and a scarcity of his skill, his contract called for a $1 million golded parachute, which he got. I know the case because some years before I had assisted him with a claim against his UK employer for firing him when they closed down their New York office. They refused to pay his repatriation to the UK. But asd soon as he filed a complaint with the Employment Tribunal in London they relented.
Which suggests this: if a company moves you -- pays for the move -- they probably have to move you back and defray your costs. And not otherwise.
The Moral: get it in writing.
2006-10-23 02:48:06 · answer #1 · answered by Anonymous · 3⤊ 0⤋
Technically verbal agreements are legally binding (although employment is at-will, so that makes it messier). Did you quit a job or anything like that as a result of the offer? If you suffered no loss and its just sour grapes on your part, you probably dont have much chance. They say verbal agreements are worth the paper they are written on- but if you had a witness to the verbal agreement, and if you did suffer some sort of loss as a result of your relying upon the agreement, you could possibly have a case. Speak with a lawyer if you feel that you do and get their opinion.
2006-10-23 02:57:49 · answer #2 · answered by bmwdriver11 7 · 0⤊ 0⤋
Sorry. Job offer is hardly a contract offer. Think of it this way:
Being hired is not guarantee that you will stay hired. In fact you can get fired the very first minute on the job. In fact you can fired before you begin -- which is exactly what happened to you.
2006-10-23 03:46:28 · answer #3 · answered by hq3 6 · 0⤊ 0⤋
The statute of frauds would prevent this contract from being enforced unless it was in writing.
sorry, you are stuck
2006-10-23 02:37:55 · answer #4 · answered by BigD 6 · 0⤊ 0⤋
No written contract no job. It would come down to your word against his.
2006-10-23 02:37:04 · answer #5 · answered by mnwomen 7 · 0⤊ 0⤋
Move on and blast him internal to your industry so others know he's a scumbag
2006-10-23 02:34:46 · answer #6 · answered by Jet 6 · 0⤊ 0⤋
Nothing is legal if it is not on paper! Don't trust people...
2006-10-23 02:33:54 · answer #7 · answered by Grisu 2 · 0⤊ 0⤋
I think you're stuck.
2006-10-23 02:33:37 · answer #8 · answered by Kacky 7 · 0⤊ 0⤋