What can be done if a company is not following through with a counter offer?
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What can be done if a company is not following through with a counter offer?
My friend was offered a job with my company. He put in his 2 weeks with his
current company. The company he is currently with gave him an offer to come on as an employee instead of a contractor. That came with a raise, benefits, and an extra week of vacation. After he declined the offer with my company, they told him they
weren’t going to follow through with their counter offer. Is this legal? What can be done?
Asked on January 30, 2017 under Employment Labor Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
If the counter was made in writing to your friend and especially if it contained some duration (e.g. guarantying him the new salary, etc. for at least a year), he can likely enforce it as a contact. Unfortunately for him, employment in this country is "employment at will": as a general matter, the employer can change its terms, or rescind its promises, at will (i.e. at any time, for any reason) except if they are "locked in" by a written contract, which for full enforceability needs to be for a set duration (since without a duration given, it could still be construed that the employer could change the terms at will). If your friend did not have some writing which would constitute or qualify as an enforceable contract, then the company could most likely go back on its promise, since without a written contract guarantying the terms of employment, the terms of your employment are essentially whatever the employer wants them to be.
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