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I was hired in December. The first offer from the company was

not acceptable based on the...
I was hired in December. The first offer from the company was not acceptable based on the compensation structure and therefore I declined it. The company continued to negotiate with me and revised it to an offer that I accepted. 6 months later without any previous notice verbal or written the structure was changed to exactly the offer that I originally declined. I am ready to leave the company but would like to know my options
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Answered in 4 minutes by:
7/2/2013
Andrea, Esq.
Andrea, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12,554
Experience: 25 yrs. of experience in employment law, real estate and business law, family law, criminal defense and immigration.
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Hi, It will be my pleasure to assist you today, My name is XXXXX XXXXX my goal is to provide you with Excellent Service,

 

I am sorry to hear that your employer went back on their word,

 

 

1. When they made the offer which you accepted in December, did the employer offer you a written Employment Agreement ?

2. Did this employer induce you to leave your previous employer to accept their offer of employment ?

Thank you,

 

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Customer reply replied 4 years ago


Good afternoon Andrea,


 


yes to both questions. I also have the original offer that I declined in writing...

Good afternoon, Gunther,

 

It is very unusual for an employer to go back on his word if he has signed an employment Agreement with the employee which sets forth the terms of the employment relationship such as, salary, responsibilities, benefits, circumstances under which the employee can be terminated, or his salary modified, etc. It is usually when the employer has not put these important terms in writing and has not signed an Employment Agreement with the employee that he will go back on his word.

 

And, inducing you to leave your previous employer which you did based on your reliance on his offer, exposes this employer to even greater liability to you.

 

If the written Employment Agreement did not provide for a modification of your salary, or the terms of your employment, then your recourse is to sue the employer for breach of contract and recover damages. The damages would also include what you lost by leaving your previous employer because of the representations this employer was making to you in order to induce you to leave your previous employer.

 

You could also sue him for Specific Performance of the contract, but now that you know that he is not very ethical and is not a man of his word, I doubt that you would want to remain in his employ and you would probably prefer to sue for damages for breach of contract. But, I wanted to present both options that were available to you, the employer is in breach of contract and you,

 

__________________________________________________________________

 

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

 

 

Andrea, Esq.
Andrea, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12,554
Experience: 25 yrs. of experience in employment law, real estate and business law, family law, criminal defense and immigration.
Verified
Andrea, Esq. and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years ago

Good afternoon Andrea,


thanks for the response. I do have a couple of clarification questions.


I am not clear what the damages would by leaving the previous employer?


also as mentioned I am ready to resign. would damages be things like time to find a new job? how much time would that usually be?


 


Thanks,


Gnther

Good afternoon, Gunther,

 

Sometimes, an employee has benefits or pension plans with an employer which have not yet vested because, for example, the employee would have to be with the employer for say, 5 years and a new employer induces him to leave the present employer by promising him better benefits, larger pension, etc. But, these do not materialize with the new employer, but because the employee has left the old employer, he lost the 4 1/2 years he had put in towards the 5 years when his pension would have "vested". These are only examples; I am giving them to you to give you an idea of what it is possible to lose with an old employer if a new employer induces him with big promises which never materialize.

 

2. Damages do not include time looking for a new job. Damages would be, for example, You were given a written Employment Agreement signed by you and your employer under which you would receive the following:

 

A. Salary of $104,000 per year;

B. Benefit of profit sharing after 6 months and this benefit has a value of $10,000 per year;

C. A Guarantee of employment in this position for 2 years with raise of $30,000 after 12 months;.

 

But, contrary to the written Employment Agreement, the new employer had with you, he lowered your salary to $75,000 and did not allow you to participate in the profit sharing which he promised and agreed to, so you lost another $10,000 right there. So, you decide to resign in July, 2013 and find another job.

 

Damages:

 

1. The salary you are losing from the date they lowered the dalary until the date you find another position paying the same salary

 

2. $10,000 in profit sharing;

 

3. Raise you would have earned after the first year,

 

You understand the general idea, right ? Basically, it is the difference between what the Employer promised in the Employment Agreement and what you are actually receiving,

 

___________________________________________________________________

 

Good afternoon, Gunther,

 

It is very unusual for an employer to go back on his word if he has signed an employment Agreement with the employee which sets forth the terms of the employment relationship such as, salary, responsibilities, benefits, circumstances under which the employee can be terminated, or his salary modified, etc. It is usually when the employer has not put these important terms in writing and has not signed an Employment Agreement with the employee that he will go back on his word.

 

And, inducing you to leave your previous employer which you did based on your reliance on his offer, exposes this employer to even greater liability to you.

 

If the written Employment Agreement did not provide for a modification of your salary, or the terms of your employment, then your recourse is to sue the employer for breach of contract and recover damages. The damages would also include what you lost by leaving your previous employer because of the representations this employer was making to you in order to induce you to leave your previous employer.

 

You could also sue him for Specific Performance of the contract, but now that you know that he is not very ethical and is not a man of his word, I doubt that you would want to remain in his employ and you would probably prefer to sue for damages for breach of contract. But, I wanted to present both options that were available to you, the employer is in breach of contract and you,

 

__________________________________________________________________

 

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

 

 

Andrea, Esq.
Andrea, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12,554
Experience: 25 yrs. of experience in employment law, real estate and business law, family law, criminal defense and immigration.
Verified
Andrea, Esq. and 87 other Employment Law Specialists are ready to help you
Ask your own question now

I see that you have had the opportunity to review my Answer. Is there something that I can clarify for you? If not, please be kind enough to rate my service to you so that I can receive credit for researching your question and furnishing you with Answers and information, otherwise, I will not receive credit for assisting you, and that would not be fair to me. The deposit you made is with JustAnswer and it will not cost you anything additional to rate my service to you, but without a rating, I do not receive credit for my time and effort. Thank you for understanding,

 

____________________________________________________________________

 

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

 




Andrea, Esq.
Andrea, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12,554
Experience: 25 yrs. of experience in employment law, real estate and business law, family law, criminal defense and immigration.
Verified
Andrea, Esq. and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years ago

Andrea,


If I wanted to proceed with a letter from a lawyer outlining the financial damages and the ask for repayment, could you recommend any lawyer to do so, or would you be able to do that? Also, what would be the cost for that?


 


Thanks,


Gunther

Hello, Gunther,

 

The website does not permit us to have Attorney-Client relationships with clients because we are not permitted to represent clients or take on customers as clients. I could draft the letter for you but you would have to sign it. As for the charge for the letter, we are not permitted to negotiate with the customers, so in situations where a customer wants this type of work done, it is up to the customer to make an offer and if the offer is acceptable, then the expert will do the work requested by the customer,

 

 

ANDREA

 

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Andrea, Esq.
Andrea, Esq.
Andrea, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12,554
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Experience: 25 yrs. of experience in employment law, real estate and business law, family law, criminal defense and immigration.

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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).

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