Verbal vs. Written Contract

[osmith1]

My question involves labor and employment law for the state of: Virginia

I am being terminated due to economic conditions (not performance) and am in good standing with the company. I have been offered a severence package. There were approximately 50 pages of paperwork to review when i was informed and spoke with them for a short time (only about 10 minutes), and did not have time to perform a full review of the material. As the HR rep was reviewing the material, I was told I would receive an additional bonus that was substantial (a little over double the severence pay I was told I would receive) due to my status and last performance evaluation. We quickly moved from one page to the next and I did not have time to review the material at that time.

After the session, I returned to my office and reviewed the material more carefully and realized that my last performance evaluation was not high enough to warrant the additional bonus. I returned to ask the HR rep and she reviewed the material and agreed that it was a mistake and that another HR rep sent her the incorrect material. She acknowledged the both she and the other HR rep made a mistake, but both should have caught it.

Is there any legal claim to all or part of the additional bonus based on what was verbally committed to during the termination discussion?

[cyjeff]

I wouldn't think so.

She mentioned the parameters of the additional bonus and is allowed to make a mistake.

You could take it to an attorney for review.... but I give it about a 10% chance.

[Betty3]

Agree, very doubtful. It was a "honest" mistake.

[osmith1]

I assumed that was probably the case as it would be very difficult to prove intent... though I think that was part of it.