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re-hiring after contract termination

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joulzw

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

I had a salaried position on a 2-year contract that required me to teach students in a post-graduate degree program and conduct scientific research. For most employees, this contract gets renewed to maintain employment. For fiscal reasons, my contract was not renewed and I was essentially laid off. An authority at this workplace promised me by email that I could be re-hired if I obtained external funding to support the research. There was no expiry date on this offer. Within one year, I was able to obtain substantial external funding (all the while searching for other positions and collecting unemployment) to conduct research. The employer has agreed to accept the funding, allow me to conduct research, but they reneged on re-hiring me.

Is the employer obligated to adhere to the emailed statement? Obtaining funding is no easy task; I did this because of what was promised to me. I am now obligated to do the research, but I will not be paid.What is the name of your state (only U.S. law)?
 


Betty

Senior Member
Are you saying they will accept the funding & allow/expect you to do research but will not re-hire you & pay you a salary for doing research & teaching?

You might take all of your paper work (whatever you have in writing) to an employment or contract attorney in your area for review & to see what might be enforceable.
 

joulzw

Junior Member
Betty-
yes. They will take the funds, which I can use to pay expenses for research (they keep more than half as "overhead"). But I cannot get a commitment from them for a salary. The development of this program stems from a culmination of 20 years of experience and study and has the potential for benefitting human health. Since the project is unique, it is unlikely anyone else would pick it up. I could walk away from the whole thing, quit, and do something else, but it would leave a gap in knowledge and prevent progress in fighting disease.

The situation is complicated, but the question is simple: is an employer obligated to fulfill a promise that was made an email? It seems weak, but a written statement is a written statement. thanks for the responses.
 

cbg

I'm a Northern Girl
You really don't want the simple answer to your question, because the answer is no, the employer is not so obligated. In a simple, general sense.

However, in your specific circumstances, that may not be the right question to ask. There are other factors involved.

So, as previously suggested, you might want to take all the associated documentation to an attorney who is versed in employment and contract law.
 

justalayman

Senior Member
The situation is complicated, but the question is simple: is an employer obligated to fulfill a promise that was made an email? It seems weak, but a written statement is a written statement. thanks for the responses.
If you want a simple answer:

promises are not enforceable. Contracts are. A promise can be a part of a contract but a promise alone does not a contract make.
 

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