If an employment contract is presented but never signed, is iit in force by accepting the job?
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If an employment contract is presented but never signed, is iit in force by accepting the job?
Asked on November 20, 2012 under Employment Labor Law, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
There is no definitive answer to your question, since it will depend on the precise circumstances. However, that said, it is most likely the case that the contract would be enforceable. To form an enforceable contract, all that is necessary is an offer (like a job offer), acceptance of that offer (usually shown by a signature, but it can also be shown by actions--such as actually taking and starting the job), and consideration, or something of value offered or promises (the employee offers his/her work; the employer offers pay and benefits). In a situation like you describe, the elements necesary to form an enforceable contract would generally seem to be present.
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