does written communication validate employment?
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does written communication validate employment?
On 02/21, I received an email from the operations manager stating that the company would like to offer me permanent employment position of a Sales Coordinator role. A dummy payslip with the deductions and a net figure was attached. On 02/23, I sent a response in that I’m accepting the offer and I requested for the employment contract. A response was given by recruiter in that HR will ensure that the contract is signed by the MD, however same has already been approved and my start date would be 03/01. On the first, I received a phone call from HR stating that due to an organizational re-design, the Sales Coordinator role has been frozen. As an alternative I was offered a 6 months contract position as a Sales Account Manager. On 03/03, I received a call from the recruiter indicating that company is considering offering me a Key Account Manager role earning the same salary as a Sales Coordinator. I believe the Key Account Manager role has higher responsibilities than the Sales Coordinator in that the job and performance outputs also differ to large degree. In the same breath the salary package should also differ. I am willing to take the Key Account Manager post on a permanent basis and my salary package be reviewed in line with the position at hand. I therefore requested a job description and additional information regarding expectations and performance duties of the new job offer to research the market related salary package, and to enable me to make an informed decision. Now they want to offer me the Key Account Manager role still at the same salary as a Sales Coordinator, plus commission. I asked for the company reporting structure to be included in the paperwork which is said to be sent to me. HR has not responded as yet, and I’ve been waiting for 5 days.
Asked on March 11, 2017 under Employment Labor Law, Alaska
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Unfortunately, these emails, etc. do not constitue a legal contract. Accordingly, this was an "at will" work arrangement Which means that, absent some form of actionable discrimination, the company could change the conditions of employment (or prospective employment) as it saw fit.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Until and unless you actually have a written employment contract for a fixed or definite time (for example, a one-year contract), all employment remains "employment at will" and the employer may change the terms or position, delay, rescind, etc. the employment. All the written back-and-forth you describe does not, without an actual contract, obligate them to anything or guaranty you a position.
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