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Thread: Simple business law question

  1. #1

    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
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    Nope.
    A real contract spells out terms limits and timeframes in detail

  3. #3
    [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
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    [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
    So if there's no detrimental reliance/promissory estoppel is it still an enforceable contract?

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    [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
    [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.

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    [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
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    [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
    [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
    [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
    [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
    [QUOTE=doggin94it]Yup - like I said, "absent some other wrong"[/QUOTE]

    thanks duder

  14. #14
    n e time

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