Enjoy an Ads-Free Jets Insider - Become a Jets Insider VIP!
Results 1 to 14 of 14

Thread: Simple business law question

  1. #1
    Hall Of Fame
    Join Date
    Jan 2005
    Posts
    15,550
    Post Thanks / Like

    Simple business law question

    My friend and I have a debate going... when you sign an at-will job offer letter is that contract or not? Why or why not? Thanks.

  2. #2
    flushingjet
    Guest
    Nope.
    A real contract spells out terms limits and timeframes in detail

  3. #3
    Hall Of Fame
    Join Date
    Feb 2005
    Posts
    14,170
    Post Thanks / Like
    [QUOTE=BrooklynBound]My friend and I have a debate going... when you sign an at-will job offer letter is that contract or not? Why or why not? Thanks.[/QUOTE]

    There are elements of it that can be - for example, if your employer knows you need to move to come to the job, and pulls the offer after you've sold your house, there may be grounds to claim that he had no right to do that.

    But the real issue is that by definition, an "at will" offer means you can be fired at any time, for any reason. Show up on day one with the wrong color hair, and you're gone. whatever. So if it's a contract, its not a particularly powerful one.

  4. #4
    Board Moderator
    Jets Insider VIP
    Charter JI Member

    Join Date
    May 1999
    Location
    nyc
    Posts
    11,481
    Post Thanks / Like
    [QUOTE=doggin94it]So if it's a contract, its not a particularly powerful one.[/QUOTE]well, i wouldn't say that it's not powerful. it's very powerful to the extent that it defines your employment 'contract' as completely non-binding, within the confines of the law. it's not like you don't have an agreement; you HAVE an agreement that has almost no restriction regarding breaking that agreement.

  5. #5
    Hall Of Fame
    Join Date
    Jan 2005
    Posts
    15,550
    Post Thanks / Like
    So if there's no detrimental reliance/promissory estoppel is it still an enforceable contract?

  6. #6
    Hall Of Fame
    Join Date
    Apr 2003
    Location
    On some beach... somewhere...
    Posts
    3,735
    Post Thanks / Like
    [QUOTE=BrooklynBound]So if there's no detrimental reliance/promissory estoppel is it still an enforceable contract?[/QUOTE]

    If there's no what in the what what?? :confused:

  7. #7
    Hall Of Fame
    Join Date
    Feb 2005
    Posts
    14,170
    Post Thanks / Like
    [QUOTE=BrooklynBound]So if there's no detrimental reliance/promissory estoppel is it still an enforceable contract?[/QUOTE]

    Enforceable how? Does it define the relationship between the parties? Yes. Does it define it in such a way that neither has any right to seek relief if the other unilaterally terminates the relationship (absent some other wrong like theft of trade secrets/sexual harrassment, of course)? Also yes.

  8. #8
    Board Moderator
    Jets Insider VIP
    Charter JI Member

    Join Date
    May 1999
    Location
    nyc
    Posts
    11,481
    Post Thanks / Like
    [QUOTE=doggin94it]Enforceable how? Does it define the relationship between the parties? Yes. Does it define it in such a way that neither has any right to seek relief if the other unilaterally terminates the relationship (absent some other wrong like theft of trade secrets/sexual harrassment, of course)? Also yes.[/QUOTE]you're also still bound by anti-discriminatory employment law... can't fire based on age, race, sex, religion, etc., etc.

  9. #9
    flushingjet
    Guest
    [QUOTE=isired]you're also still bound by anti-discriminatory employment law... can't fire based on age, race, sex, religion, etc., etc.[/QUOTE]

    If one works for an at-will employer, and you can't prove
    any adverse employment action
    - i. e. mistreatment, demotion, pay cut
    - especially if YOU quit -
    - you're SOL.

    If one is in actual danger, they need to call 911 before anything else

  10. #10
    Hall Of Fame
    Join Date
    Jan 2005
    Posts
    15,550
    Post Thanks / Like
    [QUOTE=flushingjet]If one works for an at-will employer, and you can't prove
    any adverse employment action
    - i. e. mistreatment, demotion, pay cut
    - especially if YOU quit -
    - you're SOL.

    If one is in actual danger, they need to call 911 before anything else[/QUOTE]

    so i guess detrimental reliance is the only case you'd have against them

  11. #11
    Hall Of Fame
    Join Date
    Feb 2005
    Posts
    14,170
    Post Thanks / Like
    [QUOTE=BrooklynBound]so i guess detrimental reliance is the only case you'd have against them[/QUOTE]

    Pretty much. And even then it would be a weak case

  12. #12
    Hall Of Fame
    Join Date
    Feb 2005
    Posts
    14,170
    Post Thanks / Like
    [QUOTE=isired]you're also still bound by anti-discriminatory employment law... can't fire based on age, race, sex, religion, etc., etc.[/QUOTE]

    Yup - like I said, "absent some other wrong"

  13. #13
    Hall Of Fame
    Join Date
    Jan 2005
    Posts
    15,550
    Post Thanks / Like
    [QUOTE=doggin94it]Yup - like I said, "absent some other wrong"[/QUOTE]

    thanks duder

  14. #14
    Hall Of Fame
    Join Date
    Feb 2005
    Posts
    14,170
    Post Thanks / Like
    n e time

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Follow Us