Can I sue my employer for breach of an oral contract if they have failed to pay for a promised weekly bonus?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I sue my employer for breach of an oral contract if they have failed to pay for a promised weekly bonus?
Asked on August 23, 2015 under Employment Labor Law, Indiana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
A promise is not an oral contract. For a contract to exist, you must have given the employer "consideration," or something of value, in exchange for the promise to pay a bonus, like accepting a transfer to a different job or location, or demonstrably working extra hours when you are not otherwise compensated for it e.g. no hourly wage or overtime, etc. If you did provide consideration, this may be an enforceable oral contract and you may be able to enforce it or get compensation through a lawsuit. But if there is no consideration, this was a "gratuitous", or freely offered no obligation, promise, but the law does not, unfortunately, enforce gratuitous promises.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.