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  1. #1
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    Feb 2008
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    Default Written Promise From Employer Not Fulfilled

    Hello, I am in California. I am non-exempt paid hourly.

    Last summer my direct supervisor gave me my written evaluation. It was an excellent eval and it was written that I would have training which would give me more responsibilities with equipment, have access to sensitive information, and I was also the acting supervisor when they were out of town. This eval was signed by myself, my supervisor and my department manager. At that time I was also going to meetings with this supervisor out of town and was privy to information about changes coming in our department which were not shared with other employees. I felt I was heading for a promotion which I wanted.

    At that time I was doing some non work related things for my supervisor after work hours. I started feeling taken advantage of so I told my supervisor I at least needed to be paid for my time and materials.

    Suddenly things changed at work. There was hostility from my supervisor and the responsibilities I had been given were taken away without notice or conversation. Nobody would talk to me about why this had happened. I did not receive the training that was specified in writing in my eval and the things that were written that I would be trained for were given to another employee.

    I spoke to HR about this and the supervisor was reprimanded over the way the department is run but none of my responsibilities came back.

    I recently quit due to low morale and lack of work ethic of this place but the written promises in that eval are nagging at me. I would still be there if they had followed through with my training and given me the opportunity to advance. Is there any case law that anyone knows of that has dealt with an employer's written promises that were not fulfilled?

  2. #2
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    Apr 2007
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    Default Re: Written Promise From Employer Not Fulfilled

    I don't see where you have a case -only maybe if the "promises" were in a bona fide employment contract. A written evaluation normally would not rise to the level of a contract. You need to move on & look for other employment.

  3. #3
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    Default Re: Written Promise From Employer Not Fulfilled

    Quote Quoting Betty3
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    I don't see where you have a case -only maybe if the "promises" were in a bona fide employment contract. A written evaluation normally would not rise to the level of a contract.
    For the sake of putting information out there...

    Promissory estoppel.

    * The defendant has done or said something to induce an expectation
    * The plaintiff relied (reasonably) on the expectation...
    * ...and would suffer detriment if that expectation were false.


    Thus, if an employment manual contains promises which lead to an expectation of job security, those promises are enforceable if they reasonably induce the employee to continue employment. Allowing a firm to gain an increase in loyalty from its employees through promises that the firm then could refuse to keep would result in the type of injustice the doctrine of promissory estoppel seeks to prevent.


    It would appear this portion of the evaluation specifically indicating I will receive training and privileges beyond what I had falls under this. Considering evaluations occur every 12 months, it's a reasonable expectation that I would have received this within that time frame.

  4. #4
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    Default Re: Written Promise From Employer Not Fulfilled

    Your acts of reliance being what? Showing up for work, consistent with the responsibilities of any employee?

  5. #5
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    Default Re: Written Promise From Employer Not Fulfilled

    Quote Quoting Mr. Knowitall
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    Your acts of reliance being what? Showing up for work, consistent with the responsibilities of any employee?
    Reliance on my part may not even need to be addressed. In the case of Toussaint it was hardly addressed when the plaintiff showed his actual reliance was a“legitimate expectation.” Granted, that was a termination case, I believe, but there are elements of that case similar to my own.

    Also, it has been addressed by the courts that reliance need only show there were other job opportunities in the area for which a person was qualified. They don't need to have sought other employment or turned down offers.

    In my particular case, I did have another job offer with a higher salary and benefits which I turned down so I suppose my act of reliance is easily proven.

    In any event, through my own research I believe I already have the answer to my questions. The fun part may actually be watching the supervisor explain how these promises of advanced employment suddenly and without reason ended and were given to a less qualified employee after I stopped performing free service.

  6. #6
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    Default Re: Written Promise From Employer Not Fulfilled

    So you've abandoned your estoppel argument in favor of wrongful discharge, even though you weren't discharged? Interesting.

  7. #7
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    Default Re: Written Promise From Employer Not Fulfilled

    Quote Quoting mv4993
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    Reliance on my part may not even need to be addressed. In the case of Toussaint it was hardly addressed when the plaintiff showed his actual reliance was a“legitimate expectation.” Granted, that was a termination case, I believe, but there are elements of that case similar to my own.

    Also, it has been addressed by the courts that reliance need only show there were other job opportunities in the area for which a person was qualified. They don't need to have sought other employment or turned down offers.

    In my particular case, I did have another job offer with a higher salary and benefits which I turned down so I suppose my act of reliance is easily proven.

    In any event, through my own research I believe I already have the answer to my questions. The fun part may actually be watching the supervisor explain how these promises of advanced employment suddenly and without reason ended and were given to a less qualified employee after I stopped performing free service.


    PE/detrimental reliance is a fine line legal doctrine at times. The case you cite is from Michigan, #1, you are from CA. Does CA's common law address PE, meaning does it recognize it?? All states do not, such as all do not recognize a public policy exception, etc.

    According to this link, MI re-examined it's decision in Toussaint:

    "The leading case in the area of implied contracts is Toussaint v. Blue Cross and Blue Shield of Michigan (1980). The plaintiff asked his employer about job security and was told that he would be with the company as long as he did his job. The personnel manual also stated that the employees would only be released for just cause. The Michigan Supreme Court held that such express statements may give rise to enforceable contract rights, even if the employee never learned of the policy, and despite the fact that the employer could unilaterally change policies without notifying his employees. In 1991, however, Michigan retreated from its liberal interpretation of implied contract doctrine, finding that statements of assurance given orally and in handbooks did not create a legitimate expectation that discharges would be for just cause only."



    http://www.cato.org/pubs/regulation/reg18n1e.html

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