Employment contract

UPDATED: Oct 1, 2022

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Employment contract

I was leaving my job for a higher paying
position when I was counteroffered to
stay with a guarantee until January.
They hired someone for my position and
demoted me after only a month without
warning. Is that a breach of contract?

Asked on October 20, 2017 under Employment Labor Law, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It would be a breach of contract if there was a contract. In the employment context, all employment is "employment at will," which means that the employer can demote, reduce pay, change your position or responsibilities, or even terminate you at any time, for any reason, even after promising you something else. Only if there was a written contract, guarantying your position and compensation for a given or set period of time (such as a one-year contract) which has not yet expired do you have enforceable contractual rights. Without a contract, any promises are unenforceable.

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.

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