Is an offer letter legally binding?

I asked another question and have very conflicting answers as to whether an offer letter for employment is legally binding. Some say yes, others say no. Please explain. I accepted an offer which stated in writing that I would receive a review/raise on my one year anniversary. I know that in general your company doesn't have to give you a raise. However, if it states you will be given a review/raise on a certain date in your offer letter, isn't that binding? Can they give that review/raise 10 months late and refuse to give you backpay? What's the point of an offer letter if they don't have to stick to the terms? Please don't answer this if you don't know for sure. Thanks for your help.

michr

an offer to employ is not a contract of employment.
job descriptions and policies can be changed with or without notice to the employee (unless you have a contract or collective bargaining agreement that addresses the specific issue).

if this was enforceable (which it is not) all the employer has to do is state they observed your work for a year and you did not deserve a raise. nothing in the offer as you have it posted states they will do the review in writing and that you will get a raise regardless of your performance.

is this fair?
probably not but that was not the question............
what should you do?
communicate your concerns to your employer, let them know how this is effecting your ability to be an asset to them and ask for some clarification. be professional, keep it focused on the job and performance and how they have failed to uphold their word (binding or not).

garykung

It really depends on your state employment.

First of all, employment contract is binding in all cases as soon as it does not conflict with federal and state law. So if the employment contract guarantee you a raise, you have the right to ask for it.

However, things are more complicated when at-will employment kick in. If you are working on a on-going basis employment and your state allows at-will employment, your employer can simply fire and re-hire you for changing your employment terms.

For example, if you are on a fixed term employment (i.e. working for an employer for 1 year) and they fire you without cause, you can sue them for either enforcing the whole contract or providing the compensation for the remaining time. But if you are working as a regular, your employer can do whatever he wants.

In your case, a job offer is not a contract. Therefore, what said inside can be subjected to change at any time. So you can put it this way, it is not legal binding as it is only an offer.

Judy

Did your offer letter say how MUCH the raise would be, and that your pay rate would continue for a stated length of time? If it did, you might be on fairly firm ground - otherwise you are likely out of luck.

rwa000

no it is not a contract only an offer, they can withdraw it at any time for any reason, and even if you forced the issue they can fire you the same day they hire you

Joe B.

You ever heard the expression, "You've got it in writing..."?

If the company gave you something in writing, it is binding. You have physical proof of the offer they made. They can't go back on it.

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