Can an employer back out of a verbal agreement regarding perks that were to be received in a promotion?
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Can an employer back out of a verbal agreement regarding perks that were to be received in a promotion?
My recent promotion requires I travel a distance to and from work. My boss verbally said he would provide a vehicle and gas, being a perk and addition to my raise, so I would not have wear and tear and the burden of gas money. I agreed. He has since decided to place an allotment on gas and told me I was responsible for a personal vehicle if my provided one breaks down. Can I refuse, due to our verbal agreement? These were not outlined nor communicated conditions.
Asked on May 25, 2011 under Employment Labor Law, Illinois
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Was your "employment contract" only verbal or were these perks added verbally to a written contract? If the contract was written any verbal additions may not be binding. If the agreement was only verbal and you took the position based upon the agreed perks then you have two options: one, is to sue your employer based upon the contract terms and to enforce the terms. It will be your burden to prove the terms of the contract, which can be difficult when the contract is verbal. Next option is to consider the contract breached and after advising of the breach, to terminate the agreement. Which avene you should pursue is a decision you need to make based upon your situation. Good luck.
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