11

The most recent example: Employer reneged on negotiated clauses, citing budget cuts - what can I do?

The correct answer to most variants of this question is essentially "you screwed up by not getting it in writing, make sure you don't make the same mistake next time" - maybe with a bit of advice about lawyers, and/or finding another job ASAP, and/or the consequences of breakdown of relationship with said company. But ultimately there is generally not much the asker can do but take their lumps and learn from the sorry experience.

Given this, it doesn't seem to me that there's much value in having this type of question asked over and over again, because all it will do is attract similar answers. Which in my mind, makes it a perfect candidate for a canonical question as a dupe-close target.

Thoughts?

  • 7
    The whole concept of "canonical answers" doesn't seem well suited to this forum, IMHO. – Joe Strazzere Oct 30 '19 at 15:10
  • 2
    Bad example question, because the asker in this case actually does the agreement in writing - just not written into the contract. – DJClayworth Oct 31 '19 at 16:41
  • @DJClayworth Why is it a bad example? The answer is still: "Don't ask us, consult a lawyer." The agreement in writing part just solicits more improper legal advice. Verbal agreements can be upheld at times as well, even if much less likely, so again no writing also results in "consult a lawyer." – Mars Nov 6 '19 at 0:19
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I'd disagree.. there's a large amount of potential for different scenarios there that I think we'd be doing potential future askers a disservice.

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It's a bit more nuanced than that, depending on any number of circumstances

  • Laws of that country
  • if USA, laws of that state
  • Union contracts
  • Contract law, and what constitutes a contract
  • What constitutes a signature
  • et cetera

In the USA, for example, an email may or may not be considered as an amendment to a contract depending on whether or not there is an electronic signature. But wait, it gets more complex. The definition of an electronic signature has not been fully established.

The correct answer (if any) would be "Check with an employment lawyer, include any and all correspondence, and get his advice"

  • 1
    I'm not sure what you're trying to say here. Are you agreeing or not? You suggest that the questions are a little more varied, but the answer is always the same, as OP claims – Mars Nov 5 '19 at 7:29
  • @Mars "If there is one" I don't think there is one – Richard Says Reinstate Monica Nov 5 '19 at 11:34

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