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employee speaking for a company?

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johto

Junior Member
WI

If an employee of a company tells me something (in this case, that a mail in rebate will be approved without a membership number), does s/he speak for the company, legally? If they decide to deny my rebate, can I use what she said? More of an FYI than anything else?
 


I AM ALWAYS LIABLE

Senior Member
johto said:
WI

If an employee of a company tells me something (in this case, that a mail in rebate will be approved without a membership number), does s/he speak for the company, legally? If they decide to deny my rebate, can I use what she said? More of an FYI than anything else?
My response:

Yes, it falls under the category of "Principle / Agent" law.

When an employee (agent) conducts the business of the employer (principle), and it is said to you under the course and scope of the employment, the employee is, in effect, speaking for the employer just as if the employer said these things directly to you.

The only problem, however, is proof. Oral statements, without a writing, are difficult, if not impossible, to prove and allows the employer to maintain "deniability". So, get all promises in writing.

IAAL
 

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