If I was asked to accept a salaried position but it has yet to happenwhat can I do now?

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If I was asked to accept a salaried position but it has yet to happenwhat can I do now?

This has been discussed several times with the owner. I am still employed however this salaried position has not been denied or canceled. I am getting frustrated.

Asked on May 15, 2011 under Employment Labor Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If there was a firm, unequivocal offer, which you clearly accepted (and without trying to renogiate it, get better terms, etc.), then that offer is enforceable and you have to be given the position.

The problem, however, is three-fold:

1) Was the offer a firm offer? Or was the owner just "speculating aloud" (so to speak) that he or she may have a salaried position or might create one for you? To be enforceable, the offer must essentially, "I would like to offer you the position of" etc., which you then simply accept.

2) Even if there was a firm offer, can you prove it if everything was oral or verbal?

3) Is it worth bringing a lawsuit over--since that's how you'd have to try to enforce it.

 

 


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