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Maverick, Lawyer
Category: Employment Law
Satisfied Customers: 6391
Experience:  20 years professional experience
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I was haired to be a county veteran service office. I was

Customer Question

I was haired to be a county veteran service office. I was promise after I finish my three years of training, I would be an accredited county veteran service officer. 2016 is my third year now the office manager is telling me that their is no future of me being a paid county service officer with ltheir office. I was told that there was only one paid position and my boss has that.For two years these people been telling me, my spouse and friends that I would be a paid officer and building my hope to stay with them in hope that I would be one.They have me doing va claims, maid and go far. I work my first year there with out being paid. My second year the county judge voted that I receive $1000 a month.They paid me up to June and skip July . In October and November only $500 dollars. I have done with out just to work with them to keep this job. Now they are telling me I do not have a job as a county service officer.I was going to leave lastyear and the office manager told me that the co
Submitted: 1 year ago.
Category: Employment Law
Customer: replied 1 year ago.
The manager told me that they did not train me to go to another county. What can I do; how can I make them keep their promise to me?
Expert:  Maverick replied 1 year ago.

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Expert:  Maverick replied 1 year ago.

See partial answer above...

Texas law states that a promise to do something must be in writing and signed by the person against whom you want to enforce it.

See below:

§ 26.01. PROMISE OR AGREEMENT MUST BE IN WRITING. (a) A promise or agreement described in Subsection (b) of this section is not enforceable unless the promise or agreement, or a memorandum of it, is (1) in writing; and (2) signed by the person to be charged with the promise or agreement or by someone lawfully authorized to sign for him.

(b) Subsection (a) of this section applies to: (1) a promise by an executor or administrator to answer out of his own estate for any debt or damage due from his testator or intestate; (2) a promise by one person to answer for the debt, default, or miscarriage of another person; (3) an agreement made on consideration of marriage or on consideration of nonmarital conjugal cohabitation; (4) a contract for the sale of real estate; (5) a lease of real estate for a term longer than one year; (6) an agreement which is not to be performed within one year from the date of making the agreement;

NOW, look at (6) above as it applies to your situation. Since your employment agreement was to last for 3 years, it needed to be in writing to be enforeable. However, there are exceptions that may apply:

1. An oral contract can be enforced without meeting the requirements of a statute of frauds if the other party admits under oath that the oral contract was made. So, you could sue for breach of an employment contract and if someone that works there testifies that they agreed to bring you on after 3 years, then you may still win.

2. Performance can also prove the existence of an oral contract. This means that one party to the oral contract partially or fully completed his or her duties under the contract. So you can finish your 3 years and then sue for breach.

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