What are my options when my previous employer didn’t follow a written contract?

UPDATED: Oct 1, 2022

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What are my options when my previous employer didn’t follow a written contract?

I worked for a large company and was put on a PIP on 11/26/18 which stated weekly
meeting would occur to review my progress and the PIP would end on 2/12/19. Only
one meeting took place to review the PIP. On 2/12/19 no feedback or update was
given. Then on 3/1/19 I was let go. I am a single mom and these last few months
have been extremely stressful not knowing every day if I would have a job or not.
I would like to discuss my options. Thank you.

Asked on March 7, 2019 under Employment Labor Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

IF an actual contract were violated, you could sue for "breach of contract" to enforce its terms. 
However, a PIP is not a contract. For there to be a contract, there must be mutual--or from each side to the other side--"consideration," or a thing of value. Without consideration from each side to the other, there is no contract. Consideration must be something more than the other side is already getting or already entitled to. You did not give your employer anything for the PIP, other than your work, which you were already providing to them. Hence, there was no consideration and no enforceable 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.

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