Payment of benefits

Get Legal Help Today

 Secured with SHA-256 Encryption

Payment of benefits

I left a union job and received a letter in the mail stating that my vacation hours, which added up to 32 hours, would be cashed out to me that day. However, a month has gone by with no corrections to this letter and no contact being made. I have been trying to get a hold of HR to see how those benefits were going to be cashed out. I was told yesterday that they would not be cashed out. It was said that, the letter I was sent was premature. However they made no corrections to this letter or any communication whatsoever to indicate a mistake was made in the weeks that followed. Are they in any way bound to the pay out since they told me so in writing?

Asked on July 25, 2018 under Employment Labor Law, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, the letter they sent you is not binding on them. To be binding, it must be more than just in writing: it must actually form a contract. To form a contract, each side must offer the other something of value, called "consideration": if one side does not receive consideration (something of value), there is no contract. In the letter you describe, you were not offering or giving them anything of value in exchange for them paying out your vacation; hence, they received no consideration; and them not receiving any consideration, there was no contract formed. A promise can be freely reneged upon or dishonored if it is not embodied in a contract, and this letter did not form a contract.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption