Monday, November 12, 2012

Court of Appeals case reinforces value of written job offers ...

by Thomas G. Eron, Esq., Bond, Schoeneck & King, PLLC, Syracuse

A recent decision by New York?s highest court highlights the value of spelling out the terms of employment in a written offer letter.

In Ryan v. Kellogg Partners Insti?tu?tional Services (No. 37, NY Court of Appeals, 2012), the New York Court of Appeals upheld an award of $380,000 for an unpaid wage claim and attorneys? fees, principally because the jury believed the plaintiff?s testimony that he was promised a $175,000 bonus by the defendant?s managing partner. That was despite the managing partner?s testimony that he made no such promise.

Neither Kellogg Partners? ?employment-at-will policy and disclaimers, nor the Statute of Frauds provided a defense to the claim.

A properly drafted employment offer letter, which was missing here, would have made all the difference in the result.

A binding promise?

Daniel Ryan testified that he was recruited to work as the ch...(register to read more)

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Source: http://www.businessmanagementdaily.com/33174/court-of-appeals-case-reinforces-value-of-written-job-offers

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