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  1. #1
    Join Date
    May 2008
    Posts
    2

    Default Breach Of Oral Contract

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

    I work for the City as an at will employee. In April of 08, my supervisor comes into my work and asks my coworker and I if we would like to work at the City's two annual summer camps, and we agree. My coworker and I had worked the camps the previous year. A couple of weeks ago, my coworker informs me that my supervisor had told her, while they were hanging out, that she was thinking of not letting me work the camps. The training began this week and I was not told of it. It seems that she decided weeks ago that I was not going to be a part of the camp. I recieved no phone calls or communication about this.

    Is she in breach of an oral agreement? My coworker was present when I was asked to work the summer camps and I had been counting on working these two camps to help me through the summer (since my job is only available during the school year)

  2. #2
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Breach Of Oral Contract

    I don't see where you have a case. Oral agreements rarely rise to the level of a contract and the supervisor can change her mind. Maybe she had a good reason for doing so.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Breach Of Oral Contract

    An oral contract, if you can prove it exists, is as valid as any other (as long as it doesn't implicate a "statute of frauds").

    Here, though, what is being described isn't a contract, or even an offer. It's a query about interest in a potential job. "Would you be interested in being a summer camp counselor" is not the same as, "You're hired as a summer camp counselor." It's just a starting point for possible further discussion or negotiation (like "Would you be interested in buying my car?")

  4. #4
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Breach Of Oral Contract

    That's what I was trying to say/saying - their "oral agree." they had originally would not rise to the level of a contract. It was not an oral contract. It's debateable if you could even technically call it an oral agreement.

  5. #5
    Join Date
    May 2008
    Posts
    2

    Default Re: Breach Of Oral Contract

    Hey guys, thanks for your time and responses.

    I'm not very educated in the laws of the workplace so I appreciate your responses.

    I guess I'll provide a lil more info on the situation to see if it makes any difference.

    The supervisor came into the site and asked "Do you want to work the summer camps again this year?" to which my coworker and I responded yes. She then wrote something down in her notebook.

    I'm a city worker and our department covers several activities throughout the year. We get extra hours working events like this and it's usually in that same manner of "Hey, do you want to work this, or that, next weekend?". No written contracts or anything of the likes.

  6. #6
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Breach Of Oral Contract

    I don't see where it changes the answer - she just asked if you wanted to work & you said yes - I see no contract.

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