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Express Contract?

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mom6399

Member
What is the name of your state (only U.S. law)? GA

I have been working for my company for 13 years. For ten years, in addition to my contracted position, I held an appointed leadership position in my division. This year, I was asked to continue my appointment, I accepted, received written confirmation of the appointment, term of service (75% of the fiscal year), job description and what my compensation would be for the appointment, as in years past. My track record in this role has been exceptional.

About 6 weeks after the appointment offer had been made and accepted and I was already serving in the role for the term of appointment, a new supervisor took over our division. Two weeks later, I was removed from the appointment without notice or explanation and the new supervisor appointed a colleague with whom they shared a long personal relationship with. This resulted in a 15% decrease in my wages.

Is this an express contract? My HR department says just because I received the above in writing, it does not constitute a contract. At the very least, am I entitled to compensation for the time I did work, as the term of appointment had already begun and I was fulfilling the duties (which I can document) as described in the job description?
 


cbg

I'm a Northern Girl
You will need to show all the associated documentation to an attorney in your state. Not meaning to be rude, but we can't read it from here.

Your HR is right that just because it's in writing doesn't mean it's a contract. It doesn't mean that it isn't a contract, either. Unfortunately, someone who can read all the writing will have to make the call.

Sorry, some things are just beyond the scope of a message board.
 

Betty

Senior Member
Agree, you need to take any documents you have to a local employment or contract attorney for review & advice.
 
My HR department says just because I received the above in writing, it does not constitute a contract.
HR is not going to admit that the company is in breach of contract. As everyone else has already stated, you'll need an attorney to review the document to determine if it could be considered a contract or not. I'll also add that in employment law, it's not unusual for the courts to find that a contract existed based on the conduct of the employer, even where no written agreement was made, so even if the document doesn't constitute an express contract, that doesn't mean you don't have a contract. Definitely speak with an attorney.
 

mom6399

Member
Thank you!

I've been trying to avoid involving legal council, but I guess I will need to.

Thanks for the great advice!
 

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