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P. Simmons
P. Simmons, Lawyer
Category: Employment Law
Satisfied Customers: 33911
Experience:  Employment Law Expert
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I need to know if I have a case against my soon to be former

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Hi
I need to know if I have a case against my soon to be former employer. I have put in my notice due to significant ethical and legal issues with the company, but also because they did not live up to the agreement in an offer letter they gave me.
In the offer letter, they stated they would give me X salary, 5% raise every year for the first 2 years, paid cell phone & healthcare coverage. I replied to the offer stating I accept the terms and they could send me the contract to sign, which they never sent. But, I was still employed and moved across the country, on my own accord, for the job based on the offer letter.
To this day, they never paid for any of my cell phone after repeated requests, they never gave me the raise (or even discussed it), they didn't give me health coverage until 8 months after my start date (and forged the paperwork so I could get it out of the enrollment period) and they ignored any time I've spoken of any of it.
At this point, if I look at my compensation, it's about $5300 which if it were not in the package, I most likely wouldn't have accepted the job.

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

What you describe is governed by contract law. Contract law is not complex...they teach it first year, first semester in law school. In order to have a valid contract you need 3 things

1. An offer by one person to do or refrain from doing some thing.

2. Acceptance by the other party of the offer...that is the other party must agree to the offer made.

3. Consideration. There must be an agreement to exchange something of value (like money or time) for the contract to be valid.

Here, if you had an agreement with this company on compensation and you met your end of the deal? You can demand they fulfill theirs. If they do not you can sue them for breach of contract

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

P. Simmons and other Employment Law Specialists are ready to help you
Customer: replied 5 months ago.
Hi Mr. Simmons --Sorry to take so long to reply. One last question I have is regarding the meeting of requirements, as stated in your reply. Since there were no stated goals for the compensation in the contract, i.e. performance metrics, would my acceptance of the written offer letter be sufficient? They're notorious for finding some random thing to blame so they don't have to pay, which quite often becomes a "he said, she said" issue. As far as I'm concerned, I simply had to accept the offer for the cell phone, raise and health care to be paid. Lastly, with regard to a raise, can the company claim hardship or anything else to avoid paying that? In most businesses, the company gets out of it by telling employees it isn't in the budget this year. For this company, they never said anything preemptively and flat out avoided it when I brought it up they had not lived up to the offer letter. Thanks!

Thanks
If there were no stated goals? They (the company) can not make them up or add them after the contact was formed.

That is the beauty of contract law...it looks at the 3 elements I listed above (offer/acceptance/consideration). Once you have a contract? It can ONLY be modified if all parties to the contract agree.

So...in your case? If they did not specify goals up front (during the negotiations)? They can not add them now.

As for the raise? If they promised this as part of the contract? They have to honor the contract...they can not back out due to "hardship" unless this was addressed in the original contract.

Thank you for taking the time to accept the answer, I truly appreciate that. Let me know if you have more questions

phil