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Enforcing a Minimum Period of Employment

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  • 05-05-2011, 05:58 AM
    bl0ggy06
    Enforcing a Minimum Period of Employment
    My question involves labor and employment law for the state of: Virginia, Florida

    Am I protected? I graduated from school and have been looking for the right opportunity. I think i have found that opportunity and was interviewed over the phone. They (the employer) made a firm offer - "Annual salary of $X" Since I would have to relocate, I asked for relocation assistance, they said not. I then asked if it would be for at least 2 years. They responded about how qualidied I wa and stated that they would love to have me for at least 2 years. I decided to write a letter indicating that I accepted the job at the rate discussed and that I had the understanding that I would be there for a least 2 years. I mailed the letter out a month ago, and have not received anything back. I don't want to pack up and move if I can't justify it.

    1. Is this a legal contract?
    2. What safety net do I have if they decide to let me go before two years are up?
    3. Do I have recourse if they let me go for fraud or breach of contract?

    I don't want to end everything here and move to another state if I don't have a leg to stand on.

    Thanks
  • 05-05-2011, 06:36 AM
    PattyPA
    Re: Job Offer Legal
    1. Almost certainly not.
    2. Let you go? You have't been hired yet. You made a counter-offer and they have not responded.
    3. See #1.

    You've just graduated from (I assume) college. Sometimes you have to take some chances. Hardly any companies are offering relocation assistance these days; they don't have to in this job market.

    Maybe they aren't as interested as they say they are. You're countering with a number of stipulations that companies just don't have to agree to these days to get a good employee.
  • 05-05-2011, 06:37 AM
    eerelations
    Re: Job Offer Legal
    Your telephone conversations do not constitute a legal contract. The employer can legally rescind this job offer at any time, for any reason.

    You have no safety net if they let you go before two years are up. However, I think this point is probably moot given that they haven't responded to your acceptance letter. This lack of response is a very strong indication that they have already rescinded the job offer, they just haven't bothered telling you.

    Even if they do eventually hire you, you have no legal recourse if they let you go for breach of contract - because there is no contract. And even if you did have a valid, legal and enforceable contract, I can't understand why you'd think an employment contract would protect you from being fired for committing fraud. I have reviewed literally hundreds of employment contracts during my career and I've never seen one that says the employee won't get fired if he/she commits fraud.

    Finally, I would be very wary of any employer who hires people sight unseen with only a phone interview. Scammers do this all the time, reputable employers never do this. What kind of "job" was this anyway?
  • 05-05-2011, 06:39 AM
    free9man
    Re: Job Offer Legal
    Did they say to you "We are offering you X position at Y compensation" or did they simply indicate what the salary would be? Did you tell them that you were interested but needed a few days prior to making a decision? If it's been a month and you haven't heard anything, it sounds like you didn't get the job and there probably isn't much you can do as you didn't suffer any harm. You did still keep looking right? If they do wind up hiring you, and the 2 years is not in a written contract, then they are free to let you go at any time. You might have a case if you showed up on the first day after relocating and they said, "Oops, turns out we don't need you." Absent a written agreement, you only have recourse in limited circumstance such as what I described. Both states are at-will states so either party is free to end the employment relationship at any time with the proviso that the employer cannot do it for reasons related to a legally protected class.
  • 05-05-2011, 06:54 AM
    Mr. Knowitall
    Re: Job Offer Legal
    (As PattyPA indicated, "I'll take the job subject to your employing me for at least two years" isn't an acceptance of an offer, it's a counter-offer. A counter-offer is a rejection of the prior offer. Also, prior to the formalization of the offer, pretty much any job offer can be withdrawn.)

    I'm not sure why you've waited a month to follow up, but it does seem like the letter you sent soured the employer on the notion of hiring you. You won't know until you one of you contacts the other to discuss things.
  • 05-05-2011, 07:30 AM
    eerelations
    Re: Job Offer Legal
    I'm still quite puzzled about why the OP wants job protection if he commits fraud...
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