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Buachaill
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10368
Experience:  Barrister 17 years experience
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Is the language in my letter legally binding?

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I received an offer letter that is contingent upon winning a project. They would like me to sign a letter of commitment that states:


 


I hereby give my commitment to XXX that I will be exclusively available to XXX for the ZZZ contract and that I will be available to begin work on the start date of the contract.  Furthermore, I will not authorize any other contractor to use my resume in competing for this opportunity.  I understand that this letter is not a contract of employment for a specified term and does not alter my status as an at-will employee with XXX.


I certify that I have read and fully agree to this Letter of Intent.


Buachaill :

1. If you sign this letter it is legally binding as it is a letter of intent should you be awarded a contract. However, it is contingent on you winning the contract. If you never win the contract, then it will have no legal effect, as its provisions are entirely dependent on your winning the contract.

Buachaill :

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Customer:

hi

Customer:

But say the project approval drags on for months. Am I able to accept another job offer or does this letter prevent me from looking for another position.

Buachaill :

2. There is nothing which prevents you accepting another job offer and from working in the meantime, provided you are exclusively available if you win the project. The Letter of Intent does no require you to cease work now, or not to work in the period before the project starts. It merely requires you to be available to work if and when you win the project contract on an exclusive basis. The Letter of Intent says nothing about you being unable to accept another job offer, provided you can negotiate a release once the project contract is won. You can most certainly look for another position both now and in the intervening period.

Buachaill :

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Customer:

Two more questions...if I find another job offer that is permanent, would I need to quit if the project starts as long as I provide ample notice to company XXX that I will not be joining the project? It also states that employment is at-will so does that negate any obligation to start employment if the project starts?

Buachaill :

3. You seem to miss the point of the agreement. Essentially you will get sued for money damages if you take a permanent job and are not available to start when and if you get the project. Giving ample notice to XXX will not get you out of your agreement/Letter of Intent. Essentially, you should not sign it if you are going to take a permanent job, as you are only leaving yourself open to much grief! Secondly, just because you are an at-will employee does not negate any obligation to start employment if the project starts. You will have signed into that Agreement once you sign this Letter of Intent.

Buachaill :

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