Can I hold an employer accountable if the salary it cannot actually pay the salary that was offered to me?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I hold an employer accountable if the salary it cannot actually pay the salary that was offered to me?
I received a job offer letter indicating my acceptance of the offer along with salary. Employer is now indicating they cannot offer the salary due to HR policy. Is their internal process enough to allow them to not honor the offer?
Asked on November 9, 2010 under Employment Labor Law, Minnesota
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
An offer letter can create a contract of employment and hold employers to its terms. On the other hand, (1) if the letter is insufficiently firm, it may not be enforceable at all; and (2) even if it is enforceable, employers can generally alter salaries or compensation, especially if there's no contract for a definite term (locking in the salary for that time). If it's a significant difference between what was offered and what you are receiving, it would be worthwhile consulting with an employment attorney to see if, in this situation and on the basis of this offer letter, you have an enforceable agreement to pay you a certain amount. If the difference is small, it's probably not worth bothering.
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.