Permission to consult then retracted
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Permission to consult then retracted
Over a year ago my employer agreed to let me consult via email but never put
it in my hire contract. There is a specific clause that says no outside work,
but I verified with my boss that it was ok for me to consult – in writing
through email – and he said yes. Now he is going back on his word saying the
email means nothing. Is this legal?
Asked on November 2, 2016 under Employment Labor Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
It is legal for them to do this. Unless the promise is in an actual employment contract, it is just a "gratuitious" (freely made; i.e. not for consideration) promise. Such a gratuitious promise is not enforceable--just as it is freely made, so may it freely be reneged upon or changed, regardless of whether it was made orally or in writing. Only promises contained in actual contracts are enforceable in an employment context.
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