Employment Contract Question?
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Employment Contract Question?
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I am employed under fixed-term contract terms. When one contract expires, or is about to expire, the pattern over more than two years has been that another immediately followed, on identical terms and conditions with the role focusing on similar work areas. Several weeks ago the intended issuance of a further such contract was confirmed by my employers in writing, the only matters to be determined being the precise duties in the JD and funding source, and these matters were to be dealt with imminently. In the following weeks repeated efforts to actually sign the new contract that had been previously confirmed in writing (and following the previous pattern) have not come to anything despite repeated requests and I suspect there may have been a change of heart. Is the written confirmation I refer to enforceable, i.e. is it an implied contract?
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Charis P
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Without more information, it is difficult to give a definitive answer but generally speaking, the mere promise to enter into a contract is not enforceable. Minimally you would need at least some legal detriment, e.g. you passed up other solid business opportunities or you incurred business expenses (materials etc.) which were necessary and had to be incurred in advance of the actual commencement of work (and which you would not have otherwise incurred).
It also might not make good business sense to try to enforce the promise. If they are having funding problems it might be better to preserve the business relationship. Consider politely asking them to explain why there is an unprecedented delay in the execution of your employment contract and, if they fail to respond, follow up with a polite explanation that you need the signed contract or you will not be in a position to refrain from negotiations and engagements with other potential employers |
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Tuna Spearer (IAAS)
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Hi
I would say no due to there being the official contract yet to be signed. At this point I would be looking elsewhere. It may not be that they do not want you to return, but funding source could have fallen through or something of that nature. I would stay in contact with them, but start looking. Maybe a call for a reference check would make them realize they can not keep dragging their feet.
Thank You |
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