Contractual Breach?

[Secret Agent]

I am currently signed up with an temp-employment recruitment agency in California.
I have had several problems with them but the one I have a question about is concerning what I feel was false representation at my signing day and I want to know if it is sufficiant enough to claim breach of contract.

At signing, I asked about vacation pay and was told, at first,that the agency did not offer it. When I appeared to back off on signing, the agent said he would doublecheck on the vacation issue. About ten minutes later, he returned and said that there was a one week "bonus" pay after 2000 hours of service. So I signed.

I did not get it put on the contract as I should have and the agent is no longer with the agency to back up his statement ( as if he would, anyway).

When I inquired about how many hours I had as of last month, the accountant at the agency repeated the "no such policy" line.

Do I have any chance of getting the contract
annulled so I can stay at my present job with a better (more honest) agency?

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Secret Agent:
I am currently signed up with an temp-employment recruitment agency in California.
I have had several problems with them but the one I have a question about is concerning what I feel was false representation at my signing day and I want to know if it is sufficiant enough to claim breach of contract.

At signing, I asked about vacation pay and was told, at first,that the agency did not offer it. When I appeared to back off on signing, the agent said he would doublecheck on the vacation issue. About ten minutes later, he returned and said that there was a one week "bonus" pay after 2000 hours of service. So I signed.

I did not get it put on the contract as I should have and the agent is no longer with the agency to back up his statement ( as if he would, anyway).

When I inquired about how many hours I had as of last month, the accountant at the agency repeated the "no such policy" line.

Do I have any chance of getting the contract
annulled so I can stay at my present job with a better (more honest) agency?<HR></BLOCKQUOTE>


My response:

Simply stated, highly unlikely. This is a classic case of "he said / s/he said."
A judge looks to the "four corners" of a contract. If such a condition is not in the contract, then such was not contemplated or agreed to by the parties; ergo, the same cannot, after the fact, be "injected" into such contract. This is especially so if there is an "integration" clause in the contract, then even if you were to obtain the former counselor's statement, it would most likely not be admitted into evidence.

Good luck to you.

IAAL


------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."