Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.
Is there a specific question I could assist you with?
We believe we have a case for implied promises and fraud with the recorded conversations we have. We are wondering if it would be worth following this course or if they can just get away with these betrayals. He literally told her I cant afford to lose you when my wife told him she had been looking for other employment due to the abuse by the GM. She passed on two other job offers to stay there after he promised she wouldn't be fired. Then he fired her anyhow and when she said "You promised this would not happen" he said "Yeah, I know. I'll learn to keep my mouth shut in the future". Please help if you can. It's a sad day when people can do others this way without blinking an eye.
There is no cause of action for "implied promise". There is an "implied contract" cause of action but that would require that they receive something in return. Arguably, her turning down other jobs would be equivalent to them receiving something so there is at least a potential for her recovering unde rthat theory.
I don't see a fraud cause of action in your facts.
Has your wife gotten another job yet?
So the commitments that he made to deceive her are perfectly ok? Yes, but making $10.00 per hour less.
I'm not saying they're okay but they would only be actionable under the breach of implied contract theory and those are hard to prove on an employment law case. The problem is that OK is an employment at will state and an employer can terminate at any time for any reason other than one like race, age, gender, etc.
OK courts generally do not recognize implied contracts of employment so she would have to argue it was a regular oral contract and not an implied one.
OK is, like most of the states around it, an extremely employer friendly state.
We knew in Oklahoma it would be difficult. Nothing here protects employees from this. Just hoped since she had so many things recorded we could make a difference here.
No, not unless she can convince the court that it was an oral contract. Most lawyers are going to want to be paid up front to take the case and investing that kind of money probably isn't wise.
The case is too hard to make.
Thank you for your time
I'm sorry I couldn't give you better news but, unfortunately, that is sometimes the case with questions about the law.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).