Can I sue for compensation regarding a bait and switch job offer?
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Can I sue for compensation regarding a bait and switch job offer?
I was hired into a company under one set of terms for compensation: 1 year of my services for “X” shares of the company and $”X” per month. A few months into working, we finally get around to signing official contracts for the deal and they changed to terms to a 5-year vesting for roughly 15% fewer and 40% less pay. They threatened to fire me multiple times if I didn’t accept the new terms. I couldn’t afford to lose my job at that point so I signed the new deal. Later, I told them I wasn’t going to stay on past the 1-year mark and they fired me. Is this bait-and-switch?
Asked on March 3, 2012 under Employment Labor Law, Utah
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You should speak with an employment attorney; depending on the exact circumstances, you may have a legal claim under one or both of the following theories:
1) Breach of contract--even if there was no written agreement at the time you were hired, if there was an oral agreement, that may be enforceable; contracts do not always need to be in writing to be enforced.
2) Promissory estoppel: if you did something to your detriment to take the job--for example, left an existing job; relocated--and the employer knew you'd have to do so, but still promised you certain compensation to get you to come work for them and do that action to your detriment, your "detrimental reliance" on their representations may be enough to make their promise binding and enforceable, even in the absence of any agreement.
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