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  1. #1
    Join Date
    Apr 2007
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    1

    Question Verbal Contract For Wage Increases

    I wonder whether anyone could help with advice.
    I am a faculty member at a University. The full faculty were recently involved in discussions about a new hire with our Dean. Due to various circumstances that would take too long to go into the Dean needed to get faculty approval to hire a new faculty member at a salary above that being made by a current faculty member, and virtually the same as various others who already had 6 - 15 years experience and were tenured.
    This all took place within the context of contract negotiations with the union that are presently unresolved. So, the hyperthetical question was raised with the Dean that forshadowed the new person - AFTER the Union contract being finalised - STILL being paid more than a current tenured faculty member.
    The Dean at this stage said this situation would be "untenable" and that she would "make sure" this did not happen.
    As things turned out, the faculty - largely on the strength of these promises - agreed to the salary figure being discussed and gave the Dean the go ahead.
    Long story short, in negotiations with the candidate a figure $3k MORE than the figure discussed with the faculty was offered, and what is more, the Dean now DENIED she made the verbal promise to the faculty that "no one would be paid less than the new hire" after the Contract negotiations were completed.
    EVERY witness at that meeting - even the ones who always side with the Dean/Employer agree she DID in fact make this promise.
    Further, the Dean is CURRENTY EMPOWERED to offer exactly this.

    The question is, with all these corroborating witnesses, do we have a case for breach of verbal contract here?

  2. #2
    Join Date
    Sep 2005
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    Default Re: Verbal Contract For Wage Increases

    This was a negotiation with your union?

  3. #3
    Join Date
    Sep 2007
    Posts
    23

    Default Re: Verbal Contract For Wage Increases

    Quote Quoting wkempster
    View Post
    I wonder whether anyone could help with advice.
    I am a faculty member at a University. The full faculty were recently involved in discussions about a new hire with our Dean. Due to various circumstances that would take too long to go into the Dean needed to get faculty approval to hire a new faculty member at a salary above that being made by a current faculty member, and virtually the same as various others who already had 6 - 15 years experience and were tenured.
    This all took place within the context of contract negotiations with the union that are presently unresolved. So, the hyperthetical question was raised with the Dean that forshadowed the new person - AFTER the Union contract being finalised - STILL being paid more than a current tenured faculty member.
    The Dean at this stage said this situation would be "untenable" and that she would "make sure" this did not happen.
    As things turned out, the faculty - largely on the strength of these promises - agreed to the salary figure being discussed and gave the Dean the go ahead.
    Long story short, in negotiations with the candidate a figure $3k MORE than the figure discussed with the faculty was offered, and what is more, the Dean now DENIED she made the verbal promise to the faculty that "no one would be paid less than the new hire" after the Contract negotiations were completed.
    EVERY witness at that meeting - even the ones who always side with the Dean/Employer agree she DID in fact make this promise.
    Further, the Dean is CURRENTY EMPOWERED to offer exactly this.

    The question is, with all these corroborating witnesses, do we have a case for breach of verbal contract here?
    As a matter of contract law that promise is unenforceable by a court due to the lack of consideration offered by the offeree's, which would be the employees in this case.

    The dean, the offeror, offered to pay the employees, the offerees, a certain amount of money. The offerees did not promise anything in return, hence the lack of consideration on the promise offered. This makes the deans promise purely gratuitous and as such no contract exists.

    Sorry, but I'm pretty sure this is the way it is going to go for you.

    Please don’t take my word as gospel truth. I am only a 48 yr old first year law student

    Eric

  4. #4
    Join Date
    Jul 2005
    Location
    Texas
    Posts
    254

    Default Re: Verbal Contract For Wage Increases

    you are responding to a post that is over 3 months old. I highly doubt that the OP is coming back as they didn't respond to Mr. Knowitall's reply.

  5. #5
    Join Date
    Sep 2007
    Posts
    23

    Default Re: Verbal Contract For Wage Increases

    Quote Quoting mlane58
    View Post
    you are responding to a post that is over 3 months old. I highly doubt that the OP is coming back as they didn't respond to Mr. Knowitall's reply.

    Yeah, but it makes for a great hypo for contracts class
    Eric

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