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Breaking a verbal agreement

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danny1888

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

can anyone tell me if I have been treated illegaly?

I had an agreement about my schedule. Not the working hours they were agreed and no problem. It's the duties. I was told that I only had to teach 4 lessons a day now they say I must teach five.

At the time of my contract renewal meeting I clearly said that i would not continue at the school if I had to teach 5 lessons.

They have changed my schedule and are forcing me to teach the extra classes. They said that now retired HR staff that made the promise was not authorised to do so. We are sorry but tough luck.

Anyone thing I have a case of unfair work practices.
 
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SmithPartners

Junior Member
Breaking Verbal Agreement....advice

We are currently dealing with some Auckland Lawyers on this matter but in the meantime, I'm hoping to see if there is any opinions out there in this regard before we meet them next Monday.

My husband sold a new snow blower to someone, who at the time of purchase, told my husband that he was going to look a snow blower some other guy was selling and only if the other was significantly better than the one we were selling, would he be able to return it? The buyer said he'd call by Thurs to let us know. The buyer paid cash and left with the merchandise. The following Saturday (two days after said Thurs), he called and said he wanted to return the snow blower because the other guy dropped his price by $500, also that - while he could make it fit - the one he bought from us was 4'' too short for his tractor.

My husband stewed about this and became more and more annoyed by the fact that the guy a) didn't call by said time and b) wanted to return the snow blower for reasons other than discussed, so he told him he wouldn't take it back and the guy said we'd 'hear from his lawyers.'

Would he have a leg to stand on in court? Are verbal agreements legally binding? Could this turn into a ‘he said, she said’ battle?

Any advice/input would be appreciated.
 

pattytx

Senior Member
Unless there is an Auckland in the United States**************....

What part of U.S. LAW ONLY!!!!!! don't you people understand?
 

cyjeff

Senior Member
To hijack a thread merely to inaccurately post is one of the rudest things I have seen in a while.
 

cbg

I'm a Northern Girl
On the contrary, it's winter in Australia now.

However, that does not change two facts:

1.) Hijacking someone else's thread is rude
2.) US LAW ONLY
 

cbg

I'm a Northern Girl
It is required because state law varies. If we don't know where you are, we can't give you an accurate answer. That is why we ask the question - it's not just to hear ourselves talk cybernetically speaking.

Unless you have a legally binding contract or CBA that expressly says you cannot be required to teach more than four classes, I'm not seeing anything illegal.
 

danny1888

Junior Member
cbg thanks for that.

So verbal agreements are non-binding in Florida.

My employer (by means of HR) promised that I wouldn't have to do something (i.e. teach a certain number of classes in a shift) in order to get me to sign a contract extention.
Exactly the same type of verbal agreement had already been made (and honored) in the previous three years.
If I can prove this is the 4th time such an agreement has been made, then would this strengthen my position?

Thanks
 

pattytx

Senior Member
That's not what cbg said.

However, how do you prove a "verbal promise"? That's why you have written contracts. And, since you apparently have one, it would be expected that your contract includes all the provisions it was intended to include. Ergo, if the "verbal promise" wasn't in the contract, it was not intended to be in the contract. See where we're going here? The fact that such a promise was made and adhered to in the past may or may not help; things have changed. Here's what I'm not getting though; if it were so important to you (or to them), why didn't one of you (and that could have been you) include the limitation in your contract or amend it to include the limitation.

And this is why they say that a verbal contract is not worth the paper it's written on. They aren't 100% always unenforceable, but so rarely as to say almost never.
 
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danny1888

Junior Member
I think there is only so much that the contract can include.

I have worked at the same school for 10 years. Every year we sit down to discuss the up-coming academic year. I always look for a way to improve my working conditions, be it shift time, Saturdays off, not teaching particular groups of students.

HR staff have changed a few times over the years, and this in fact is the cause of my problem. The previous HR staff verbally agreed to my schedule but the new guy has come in and says that his predecessor did not have the authority to make that agreement.

He is not questioning that the agreement was made, just that I am not having it because he doesn`t want me to have it. No other reason. It is no skin off his nose. He just doesn't like the look of my less than demanding schedule.
It took me 10 years to get this kind of schedule and I have had to be prepared to leave the company in order to get it.

I am now off sick with stress and am considering legal action if they do not keep their promise.

Are they vulnerable?
 

swalsh411

Senior Member
It's not legally binding and you have neither a enforeceable contract or CBA. Even if you had it in writing I don't think it would be binding. What part of that is not clear? The only "action" you could sucessfully take is quit.
 

eerelations

Senior Member
All verbal agreements carry exactly the same amount of legal weight as the paper they're printed on. The weight of your verbal agreement is basically all you'll have in your favour if you attempt to undertake legal action.
 

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