What rights does employee have when alegal document and verbal statements contradict one another?

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What rights does employee have when alegal document and verbal statements contradict one another?

Asked on October 10, 2011 under Employment Labor Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

There is NO easy answer to this, because it depends entirely on the circumstances, the timing of the agreements, the language of the agreements, etc. You should consult with an employment attorney who can evaluate the agreements and language for you to determine your rights.

Some general principals: as a general matter, an agreement can be changed or modified by a later agreement. So if you A hired B to work as an employee for, say, $25/hour, A and B could later agree that B will be paid more, be paid less, or be paid different (such as by commission). However, if there is a written agreement which includes the term or clause that "any changes to this agreement will not be enforceable unless made in writing," then that written agreement cannot later be changed by an oral agreement. As a general matter, too, both oral and written agreements are enforceable--writing does not automatically "trump" oral agreements, though as set forth above, depending on the terms of the specific written agreement, it may.

However, those are just general principals--you need to have the specifics evaluated to answer your question.


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