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Formation of a contract under Alaska law requires four elements: an offer that includes all essential terms, an unequivocal acceptance, consideration, and mutual intent to be bound. Thomas v. Archer, 384 P. 3d 791, 797 (Alaska 2016).
Breach of a verbal contract typically occurs when one party fails to comply with the terms of the arrangement. That may mean failing to buy or sell something. It may also mean a party fails to pay for a provided service or fails to provide the service to a paying customer.
A court may not enforce an oral contract if one or both parties lack competency or legal capacity. Examples of situations where parties may be deemed incompetent or lacking legal capacity include: If one or both parties were under the influence of alcohol or other incapacitating substances.
All agreements should be in writing, no matter how minor they seem, to ensure that each party understands what they are agreeing to, and to document that the agreement has indeed been made. Under State Law AS 45.02. 201 governing commercial transactions, the sale of goods valued at more than $500 must be in writing.
Verbal contracts, sometimes called handshake agreements, are legally binding, with a small number of exceptions. Just because oral agreements are difficult to prove, it is advisable for all parties to sign a written document and seek professional legal advice.
If you are terminated by your employer, your employer must pay you all monies owed within three working days after the day of termination (not counting weekends and holidays). If you quit, you must be paid by the next regular payday that is at least three working days after your last day worked.
If your employer withholds your paycheck, you can file a complaint with the Alaska Division of Labor Standards and Safety. The department will then notify your employer about your complaint, and they have 20 days to respond to the complaint or resolve it.
Because the payment of sick leave, accrued vacation, or any other type of PTO is not a requirement of Alaska wage and hour laws, the department does not mandate the payment of these benefits. The employer's written policy establishes the rules for disbursing accrued leave.