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rvlaw
rvlaw, Lawyer (JD)
Category: Legal
Satisfied Customers: 8386
Experience:  NYC Trial Atty. 30 yrs.- pers. inj., contracts, real estate, criminal, estates, matrimonial.
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Customer Question

Is it legal to tell a part time employee that they will be receiving an offer letter (hired fulltime) only to retract the statement later? Is it legal to hire a part-time employee for one position only to change it weeks in?
Submitted: 1 year ago.
Category: Legal
Expert:  rvlaw replied 1 year ago.
Hi and welcome,

Yes. Sometimes there are actual employment contracts between employer and employee. If there is, if an employee is fired, the employer has breached the contract and the employee is entitled to compensation. The exceptions would be if THE EMPLOYEE breached the contract by violating one of its terms like a morals clause, or confidentiality agreement.


All other employment is called AT WILL EMPLOYMENT.....anyone can be hired or fired at will. That rule controls all employment other than the contract described above. It is not peculiar to your part time/offer full time/withdrawal of offer. Sorry.


REMEMBER THIS IS NOT LEGAL ADVICE


Please read the Just Answer disclaimer. We do not have an attorney-client relationship which includes confidentiality. You have to consult an attorney in your own state. To find a lawyer, go to Martindale.com. This is a site that we attorneys use to find attorneys across the country who specialize in various areas of law. It is arranged geographically and by specialty. Attorneys don't pay to get listed in Martindale. This is the process : attorneys in the area and specialty rate their fellow lawyers.

Please ACCEPT my answer and give it a 3....4.....or 5 rating in order for me to be compensated for my response. Thank you.


Rich

Customer: replied 1 year ago.

Arent all employment agreements a form of contracting even a parttime employee? going to continue my research. thanks for your time.

Expert:  rvlaw replied 1 year ago.
No they are not. Your "poor performance" rating is, I'm afraid. uncalled for:

1. If you thought your situation constituted a "contract" then there would have been no reason for you to ask JA, unless you wanted a confirmation of your conclusion. Sorry. It isn't so.

2. Frankly,the rule in my answer is a long settled, clear, basic principle of law.

3. I have been practicing law for 30 years. This is a rule we learned in first year of law school Contracts class.

4. I am not here for the money. I am legally and ethically bound as an attorney to assist customers at JA with sound and accurate answers. This is certainly one.

5. I take great pride in my work here which has been acknowledged by a 99% approval rating.


IN ALL FAIRNESS, PLEASE ACCEPT MY CORRECT ANSWER AND RATE IT APPROPRIATELY AS 3, 4 OR 5.


RICH
Customer: replied 1 year ago.

Im not doubting your expertise or background, sir. simply indicating that this service didnt help me.

Expert:  rvlaw replied 1 year ago.
That doesn't mean that a poor rating is proper. When we answer a question, we have no idea what a customer does or does not know unless he specifically states it in the question.

This is another reason for you to be fair and accept my answer and rate it 3,4 or 5


rich

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rvlaw
rvlaw
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8386 Satisfied Customers
NYC Trial Atty. 30 yrs.- pers. inj., contracts, real estate, criminal, estates, matrimonial.