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 Message Boards » » Verbal Agreement Legality Question Page [1]  
SkankinMonky
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I was hired for a job about 6 weeks ago for my brother-in-law's father's company. I was told before I was hired that I would receive a raise after a month working. (Essentially the first month was on a provisional basis.) After I received the 5ths weeks paycheck I noticed the pay had not been adjusted and I brought this up. At that time I was given a verbal runaround and basically told that the raise wasn't a 'sure thing' and he would talk to his dad about it again. I asked about it yesterday and he had still not brought it up but promised to do so that day. I get my paycheck today and the pay has not been adjusted yet.

My main question is: How binding are these verbal commitments? There were several witnesses to him saying that I would get a raise after a month, and a set amount was stated so he can't really dispute that he didn't agree to it.

Is there anything I can do? (other than find another job, which I am considering anyways because of this mess).

2/16/2007 9:21:09 AM

gunzz
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is it a private company?

if so, you can forget about that money

2/16/2007 9:22:39 AM

SkankinMonky
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What do you mean private company? It's not traded on the stock market if that is what you're asking.

2/16/2007 9:24:00 AM

gunzz
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thats what i mean, if its a privately owned company youre shit out of luck
he can pretty much do what he wants within the law

your verbal agreement isnt going to mean shit.....this is why you ALWAYS get it on paper.

tough lesson learned for you


[Edited on February 16, 2007 at 9:40 AM. Reason : sd]

2/16/2007 9:35:19 AM

elkaybie
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always ask for an agreement in writing, b/c a verbal agreement is in the wind. i'm sure you didn't think about it since it's the company of your brother in law's dad...but always, always, always get it in writing.

[Edited on February 16, 2007 at 9:38 AM. Reason : ]

2/16/2007 9:38:16 AM

SkankinMonky
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Yea, I worried about that from the beginning but my family kept insisting that me getting it on paper would make me seem like an ass.

2/16/2007 9:42:24 AM

ncsuapex
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doesn't matter if it's a private or public company, your verbal agreement still doesnt mean shit. Get it in writing next time.

2/16/2007 9:42:58 AM

gunzz
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no, it makes you seem like a smart business man
its a red flag is they refuse to put on paper....meaning, get ready for more bullshit

2/16/2007 9:43:50 AM

SkankinMonky
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^^

i was under the impression that verbal agreements do carry some legal power in certain circumstances

2/16/2007 9:45:37 AM

budman97420
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^naw

I would give my notice, they might ask you why and then you can specifically bring up not getting your wage increase.

[Edited on February 16, 2007 at 9:48 AM. Reason : .]

2/16/2007 9:46:29 AM

David0603
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Why are you talking to the brother-in-law? You should be talking to his father.

2/16/2007 9:51:21 AM

SkankinMonky
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He's the VP and was the one who hired me and thusly my boss. His dad is also a pain in the ass to talk with.

^^
notice will be given after i find another job paying more

[Edited on February 16, 2007 at 9:53 AM. Reason : .]

2/16/2007 9:52:53 AM

JennMc
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A verbal agreement can be binding, but a written agreement is always better. However, you have to promise to do something additional to receive the raise to bind the employer to the promise. Even if you had the agreement in writing, it would not be enforceable as it appears.

2/16/2007 10:01:27 AM

SouthPaW12
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I was also under the impression that verbal agreements had some legal weight, but I also understood they're very hard to actually enforce if something goes awry.

Still, it's a lesson that's been true as long as the Earth has turned: don't mix business with family.

2/16/2007 10:03:08 AM

Panthro
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NO MATTER WHAT ANYONE SAYS, NO VERBAL/ORAL AGREEMENTS ARE BINDING IN THE STATE OF NORTH CAROLINA. NONE.

ALWAYS GET SOMETHING SIGNED, OTHERWISE, YOU HAVE NO LEGAL RIGHTS.

2/16/2007 10:25:25 AM

Lutra
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Verbal commitments aren't worth shit in the real world. Get used to it.

2/16/2007 10:50:31 AM

JennMc
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Actually, verbal agreements are very much enforceable in NC, unless there is a statute of frauds passed by the legislature. The link below is an example of where there is a requirement for a written contract.

A written agreement is better, but I have seen where a verbal agreement has been upheld when there was not a written requirement.

http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_25/GS_25-2-201.html

This statute means that you can enforce any verbal contract for the sale of goods under $500.


[Edited on February 16, 2007 at 11:06 AM. Reason : k]

2/16/2007 10:59:50 AM

humandrive
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For the most part verbal agreements just turn into "he said, she said" slap fight with no one able to prove anything.

2/16/2007 11:02:48 AM

Gamecat
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Technically verbal agreements are binding.

Whether or not they're enforceable, like gunzz said, is the real issue.

2/16/2007 11:09:32 AM

joe_schmoe
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verbal agreements *are* binding under law.

all you need to do is get him to affirm under oath in a court of law that he did in fact make that verbal agreement.

or get some legal witnesses to do the same.

good luck with that.

2/16/2007 12:40:53 PM

hammster
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So i started a job last June and was promised a pretty hefty raise after I was trained and all, in about 90 days...it is now February and I haven't ever gotten it. Sooo good luck!

[Edited on February 16, 2007 at 12:50 PM. Reason : .]

2/16/2007 12:49:56 PM

DSMears
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All agreements are verbal, unless it is an unspoken, assumed agreement. (Then it's just verbal in your head.)

Written = verbal
Oral = verbal

2/16/2007 1:06:01 PM

GoodLuck
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I am going through the same situation. I was hired for a specific job and specific pay with the guarantee of increases. I am not doing the job I was hired for. And my pay has been a nightmare. I am not arguing it right now (I talked to my boss and he ignored the conversation on more than one occassion), that way I do not get a bad recommendation whenever I get a new job.

2/16/2007 1:38:17 PM

Gamecat
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I was unaware that employers were this bad to young professionals. I thought the bullshit was limited to shitty vacations and low pay.

2/16/2007 1:43:37 PM

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