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Maverick, Lawyer
Category: Employment Law
Satisfied Customers: 6423
Experience:  20 years professional experience
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Implied contract JA: The Employment Lawyer will need to help

Customer Question

Implied contract
JA: The Employment Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: Made a call today and rec'd no response. Call was late in the day.
JA: Please give me a bit more information, so we can help you best.
Customer: I was hired to run abusiness, 6 retsuarnats for a mana who planned on retiring in 5 years, This was 6 years ago. He told me that he had no intention of selling his restaurants. I turned down several great opportunities in the past 6 years to stay with him as he constantly assured me that I would remain to run his business and he would never ever sell. He has now sold the busness and I have no job. I have some things in writing and he had told all managers in the company that he wasnot selling and that I would be in charge. Michigan.
JA: Got it. The Employment Lawyer will know how to help you. Is there anything else the Employment Lawyer should be aware of?
Customer: I dont think so. Thanks.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Employment Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Maverick replied 1 year ago.
Welcome to Just Answer (“JA”)! My name is Maverick. Please note that: (A) The information we provide is general information. No attorney-client relationship or privilege is formed by communicating with me. If you want legal advice, you must consult with a local attorney in person before acting or deciding not to act based on any information given here; (B) Experts answer questions based on the honor system. When I feel that I have provided you with a complete answer, I will ask for you to assign a feedback rating so that JA will compensate me for my time; and (C) You should not be concerned about any short delays between your questions and my replies. Please know that I answer most questions within the hour if I am signed on. If I am not signed on, then I still make every attempt to respond within 24 hours. Thank you for taking the time to understand how this site works. By continuing, you confirm that you understand and agree to these terms. Answer will follow in the pane below as per above parameters….
Expert:  Maverick replied 1 year ago.
1. Can you please upload what you have in writing or tell me what it is and what it states?2. On what date did he sell the place?
Customer: replied 1 year ago.
I am still lookimg for the two papers that I have. The restaurants will be turned over to new owners on 4-25-16.
On paper outlined his intentions and the other was outlining to the office staff my position.
Customer: replied 1 year ago.
He did tell the managers at a meeting about 5 months ago that he would never sell because he would not make any money and that he would be retiring and I was in charge of the business.
Customer: replied 1 year ago.
I have made every life and career decision that last 6 years based on what this man told me...I would be a partner, but not on paper, earning 15% of the profits.
Customer: replied 1 year ago.
I did get 15% of profits last year $90,000 plus my base pay.
Expert:  Maverick replied 1 year ago.
There is a way to pursue this but it is difficult under MICH law. The theory you would assert is promissory estoppel and detrimental reliance. The utilization of promissory estoppel claims in employment cases has been problematic in Michigan. Because of the employment at will doctrine, oral promises of job security must be clear and unequivocal. SEE Rowe v Montgomery Ward & Co, Inc, 437 Mich 627, 645; 473 NW2d 268 (1991), and Novak v Nationwide Mut Ins Co, 235 Mich App 675; 599 4 NW2d 546 (1999). MORE TO COME...
Expert:  Maverick replied 1 year ago.
To prevail on a theory of promissory estoppel, YOU must show: (1) a promise; (2) that the promisor should reasonably have expected to induce action of a definite and substantial character on the part of the promisee; (3) which in fact produced reliance or forbearance of that nature; and (4) in circumstances such that the promise must be enforced if injustice is to be avoided. Marrero v McDonnell Douglas Capital Corp, 200 Mich App 438, 442; 505 NW2d 275 (1993). I would suggest that you contact an employment law attorney that represents employee in your area for this. Since there is a significant amount of money at stake, the lawyer may take it on a 33% to 45% contingency fee basis. You will need a lawyer because to prove damages, the lawyer will need to hire an economic expert. See this link to get started...