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Contract & Start Date
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Contract & Start Date
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
Quick Question here. Recently my company hired two new employees with a start date of Nov 30th, 2009. Now after some additional consideration the CEO wants to start the new employees on Jan 4th, 2009,
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Contract & Start Date
posted at 11/12/2009 6:48 AM EST
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Posts: 14
First: 6/12/2008 Last: 3/22/2010 |
Quick Question here. Recently my company hired two new employees with a start date of Nov 30th, 2009. Now after some additional consideration the CEO wants to start the new employees on Jan 4th, 2009, due to some internal reasons and conflicts.
I believe there is a problem as the prospective employees have already signed the employment offers and returned them. Additionally one of the employees has already put in his two weeks notice at a job that he has been working steadily at for four years. In any event there is a clause in the contract that may or may not offer some assistance in any legal matter, but I'm not that sure so I'd thought I'd ask the experts. I find the clause to be rather vague and perhaps offer up some potential problems such as promisory esstoppel, maybe breach of contract or perhaps something else. The clause in the employment contract reads as follows: "Your employment will begin on November 30th, 2009, or as otherwise agreed to". Does this clause offer any out in the contract to change the date? Is it as simple as just agreeing to a new date and having the new employee sign and date the new contract or adendum? Any advice would be much appreiciated. We are located in NY. Thank you in advance! |
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Contract & Start Date
posted at 11/12/2009 7:11 AM EST
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Posts: 562
First: 11/12/2009 Last: 9/14/2011 |
I think you have both a legal problem and a moral issue as well.
The first is that the employee who has put in his/her two weeks notice may well suffer a financial loss unless she/he can rescind the resignation. If it's not rescinded, then you could be on the hook for any wages the employee otherwise would've received. It's unlikely that any vague language in the offer letter is going to negate this. If I had received the offer letter, accepted the offer and then told the start date was delayed, I'd be thinking very seriously about whether or not this is an organization I want to join. Frankly, holding out an offer of a job only to yank it and leave the person hanging during the holiday season is a pretty rough thing to do. |
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Contract & Start Date
posted at 11/12/2009 7:40 AM EST
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Posts: 410
First: 1/26/2006 Last: 11/15/2010 |
Hi:
There is really nothing vague about the clause--the date of hiring can be changed only if both parties agree to it. While there may or may not be any recoverable damages (does look like a potentially legitimate detrimental reliance claim) due to changing the date, this language does not help the employer unless the prospective employee agrees to the new date as well. I trust this is helpful. Dave Arnold, Ph.D., J.D. |
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Contract & Start Date
posted at 11/12/2009 7:43 AM EST
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Posts: 410
First: 1/26/2006 Last: 11/15/2010 |
Hi:
There is really nothing vague about the clause--the date of hiring can be changed only if both parties agree to it. While there may or may not be any recoverable damages (does look like a potentially legitimate detrimental reliance claim) due to changing the date, this language does not help the employer unless the prospective employee agrees to the new date as well. I trust this is helpful. Dave Arnold, Ph.D., J.D. |
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Contract & Start Date
posted at 11/12/2009 8:23 AM EST
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Posts: 14
First: 6/12/2008 Last: 3/22/2010 |
Thank you for your responses thus far.
I'm by no means in agreement with the date of hire change. It's more of a personal issue with the CEO who well wants to do what he wants to do and doesnt see any legal recourse. So to clarify, by signing the employment offer the new employee agrees and acknowledges that the date of hire may be changed and thus removing any legal recourse they make take? or: Both parties must agree on the new date and draft a new employment offer thus negating the first offer for there to be no legal recourse? Thanks again! |
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Contract & Start Date
posted at 11/12/2009 8:33 AM EST
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
Honestly, I would take the whole stack of paperwork to a local employment attorney. I totally respect Dave and his postings, but we are only seeing a few sentences out of something that is first called a "job offer" and later called an "employment contract". There can be a HUGE difference between the two and one or two words can cause that difference.
Also different states have differing laws on these two. Some job offers can rise to the level of a contract, others won't. A person can sign a job offer that doesn't rise to the level of a contract. From a purely personal level, the job offer/contract should not have been given if the company wasn't ready for the employee to start. At this point, I suspect it would be much better to start the employees and pay the month+ salary as needed than to face a lawsuit and bad morale generated from not starting til after the first of the year. |
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Contract & Start Date
posted at 11/12/2009 8:59 AM EST
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Posts: 410
First: 1/26/2006 Last: 11/15/2010 |
Hi:
As a first step, I'd simply ask the prospective employees if they're willing to change the date of employment--if they agree to a date change, end of issue. If they don't agree, then it's time to retain counsel. I trust this is helpful. Dave Arnold, Ph.D., J.D. |
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Contract & Start Date
posted at 11/12/2009 9:06 AM EST
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Posts: 14
First: 6/12/2008 Last: 3/22/2010 |
Thank you for your assistance. I couldn't agree with all the information given and advice stated.
What seems to have happened here is the individuals handling this situation didn't communicate properly and there's several different stories as to what is happening. As stated on the actual letterhead is an "Offer of Employment" from the company. Thanks again! |
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