Is an employers word legally binding?
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Is an employers word legally binding?
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I recently resigned from my job (3 weeks ago) , and my boss said that he would pay me for 2 weeks, even though I wasnt entitled to as per the conditions of my AWA, I would like to know if his word is legally binding and if I am entitled to get the 2 weeks wages that he said he would pay me. If you could help, I would really appreciate it as I am broke! Thanks.
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V.T.V.RAM
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It is not legally binding as the old contract still subsists. However, let us fervently hope and trust that your ex boss will act in a cultured and gentlemanly manner by sticking on to his oral commitment !!!! |
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sculptress
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The problem is proving that he said it. In the future if someone says something like that say, "O.K., that sounds great. I'll write it down here and you can sign it." Then hand them the paper to sign. If they sign great, and if they don't you can ask them why not.
I hope he honours his committment but if he doesn't it is just your word against his.
Good luck. |
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Dr. Feelgood
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Depends on state. and would still have to have proof. |
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JPenguin
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It is not binding, however, you could go to HR or hire an attorney. I was told at a former employer I would not be terminated for an incident and one week later was terminated. Learn these three words and apply them going forward... DOCUMENT, DOCUMENT, DOCUMENT. |
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Steph
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If he didn't write and sign anything, there are no legal proof that he said anything, so he doesn't have to pay you |
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notquiteabutterfly
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if its not in writing I dont think it is. If they decide not to then I dont think there is anything u can do. If you already worked the 2 week then yes he has to pay you.. |
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Mel
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Your boss has given you an "oral contract" by promising to pay you. However, oral contracts are notoriously difficult to prove because they involve one person's word against another's. You would need to either dig up emails or other documents to confirm your side of the story, or obtain statements from any witnesses who can confirm it.
Difficult as it may be, the best thing to do may be to walk away from the two weeks' pay - you'll easily spend many times that amount to hire an employment attorney to file a claim you probably can't win.
Sorry.... :( |
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Pineapple Princess
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No, unless there was anyone who witnessed it its your word against his, if your employer promises something you should always get it in writing. |
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kckid2
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It might be, if you can prove he said that, and you're willing to pay an attorney a bundle to litigate it. |
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Ur M
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I don't think so unless it was written down
good luck :) |
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scrumpy
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ALWAYS ALWAYS get everything in writing in situations like this. his word against yours . Did you get anything in writing concerning resignation terms and conditions? If not then i am sorry you dont have a leg to stand on!!! |
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