What are my rights regarding a discrepancy in the length on my employment contract?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are my rights regarding a discrepancy in the length on my employment contract?
I am employed by an IT contracting company. During the initial hiring interviews, we discussed a year long contract with the possibility of an extension. I got hired but started noticing discrepancies of dates that were being discussed. I asked my manager how long my contract was for, he said 3 months and that was the standard contract length for this particular company. I have a job offer in writing stating it would be a 1 year contract and the contract I signed says nothing about duration. Should I pursue a case for lost wages?
Asked on December 9, 2015 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
The problem is, once you sign a contract, the contract you signed supercedes any prior negotiations, discussions, or offers. If you signed a contract without any duration in it, then the contract has no set duration and the length of your employment is at the will of the employer. You can't claim to have not understood that, because the law presumes that people read, understand, and agree to anything they sign, so you are employed under a contract with no set duration.
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.