Massachusetts Confirmation of Orally Accepted Employment Offer from Company to Applicant - Nonexempt Position
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FAQ
An oral contract occurs when spoken words are rendered valid and legally enforceable in a court of law. However, an oral contract is not legally enforceable unless it is provable in court, and it must meet various requirements of contract formation.
Yes, but there could be legal consequences, so an attorney's advice should always be sought before rescinding the offer. Even if an employer has stated on all offers that employment is at will and can be terminated at any time, there is the concept of the employer making a "promise" of a job.
Yes, but there could be legal consequences, so an attorney's advice should always be sought before rescinding the offer.
According to Wilson, an employer can legally choose to rescind an offer for any legitimate non-discriminatory reason, such as the employee showing up two hours late on their first day of work without an excuse.
Despite popular belief, oral contracts are enforceable. They usually are not in your best interests, and end in a "he said, she said" battle. But as long as there is enough evidence, a court will enforce an oral agreement. However, there is one particular exception to this rule, and it's called the Statute of Frauds.
An employment contract doesn't always have to be in writing to be enforceable. While that may be the case, written agreements are certainly easier to enforce and not subject to certain limitations that oral agreements are. Oral agreements are still subject to the requirements of what it takes to form a basic contract.
An employer can rescind an offer of employment at any time before a potential employee has accepted it. However once a job offer is accepted and the employment relationship (a binding contract) has been formed, then it can't be retracted even if the employee hasn't yet started work.
However, Wiley Wheeler, P.C. explains an employment contract can be verbal, written or both to be valid. The agreement can be either explicit or implied. With an implied contract there may be no formal agreement in writing that an employee signs, but an employer's promises can be binding all the same.
Oral contracts are just as enforceable as written contracts, but much harder to prove. If there's a dispute, it will be your word against the employer's. Like a written contract, an oral contract might be for at-will employment or it might limit the employer's right to fire.
Promissory estoppel is one of the possible ways the applicant can pursue damages for the rescinded offer. This is a legal doctrine that will support the person harmed from the rescinded offer because of a promise of employment made and broken.
