After a week of an implied contract, employer let me go...

by A

I was hired to become a General Manager at a Restaurant. The employer wanted me to come in the first few weeks as a "consultant," so I wouldn't be stepping on any toes. He still needed the previous GM in place to show me the operation.

I was ready to start the second week, when he called me to tell me that I was not needed. He said he spoke to several of the employees and felt I wasn't the right fit.

I had already quit my previous job as a GM for a national chain restaurant to work with this restaurant, as it fit my background better and was not corporate. Do I have a legal claim to my salary, which was implied in the verbal contract? Is there anything else I can do about this? Thank you.

Visitor Question:
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ANSWER for "After a week of an implied contract, employer let me go...":

A (USA):

In most cases, verbal agreements are enforceable. In that regard, you may have the basis for a Breach of Contract case against the owner of the new restaurant. Your case is even stronger because the person who made the offer was the owner of the restaurant and not another employee. To have the basis of a breach of contract there must be:

- An offer
- An acceptance of that offer which results in a meeting of the minds
- A promise to perform
- A Consideration

In your case, you were offered a job by the employer. As part of your acceptance, you agreed to perform services for the employer who made the offer. The employer promised to pay you a sum certain for your performance.

You will also need to prove "Damages." Damages are the financial consequences you sustained because of the breach of contract. In your case, the amount of damages should be at least equal to the amount of money your were making at the time you left your previous employer.

Because of the substantial amount of money you may have lost, and the probability the employer will not honor the verbal agreement, you would be best served by retaining an attorney.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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