Is verbal offer/acceptance legally binding?
Discussion
not sure, i doubt it. you can verbally alter a contract, and, as far as I know, implicitly alter a contract. however, if no contract exists, then I don't see how.
if what you mean is you've accepted a job and changed your mind the employer's not really going to want you anyway, irrespective of the legality.
if what you mean is you've accepted a job and changed your mind the employer's not really going to want you anyway, irrespective of the legality.
nosubstitute said:
If you have accepted an offer of employment made to you verbally is this legally binding?
I'm not interested in the ethics, just the legalities.
Any sort of contract is legally enforceable if there has been an offer and an acceptance - whether in written form or verbal. Verbal contracts are just as valid as written ones.I'm not interested in the ethics, just the legalities.
The problem with verbal contracts is providing proof that the contract exists. However, the existence of a verbal contract can be implied or even proved by how the parties have performed with each other after the date the alleged contract was brought into force.
I've always viewed it as bad form to give back word.
My potential dilemma is this. Having accepted a verbal offer of employment but nothing in writing I am attending an interview for another position which offers another £1000 net a month and other less tangible career benefits.
If they offer me there and then my gut feeling is to look after number one and take the job.
My potential dilemma is this. Having accepted a verbal offer of employment but nothing in writing I am attending an interview for another position which offers another £1000 net a month and other less tangible career benefits.
If they offer me there and then my gut feeling is to look after number one and take the job.
how long has it been since the verbal offer and acceptance? Was it subject to documentation, or was that not discussed? If you are expecting a written offer / contract which has not appeared, maybe they've changed their mind? Plus there is no guarantee that you will be offered this new position. Maybe wait until this happens (if at all) before dealing with the other position. Perhaps you could then put it to company 1 that you have been offered something better as you were still in the market whilst company 1 was apparently dithering?
In my experience a verbal offer isn't worth the paper it is written on.
I had a verbal offer from a car maker in April, then a series of conversations and emails saying they were waiting for HR, Germany hadn't processed the paperwork, etc, and then in August I had an email saying they weren't going ahead after all.
If the other job offers and confirms in writing, take it and don't look back.
I had a verbal offer from a car maker in April, then a series of conversations and emails saying they were waiting for HR, Germany hadn't processed the paperwork, etc, and then in August I had an email saying they weren't going ahead after all.
If the other job offers and confirms in writing, take it and don't look back.
nosubstitute said:
I've always viewed it as bad form to give back word.
My potential dilemma is this. Having accepted a verbal offer of employment but nothing in writing I am attending an interview for another position which offers another £1000 net a month and other less tangible career benefits.
If they offer me there and then my gut feeling is to look after number one and take the job.
I had exactly this issue recently. The first offer was very good, and they had offered above the advertised rate. The second job was just better all round for me (easy commute etc).My potential dilemma is this. Having accepted a verbal offer of employment but nothing in writing I am attending an interview for another position which offers another £1000 net a month and other less tangible career benefits.
If they offer me there and then my gut feeling is to look after number one and take the job.
It really went against my principals to go back on my initial acceptance, however as soon as I did it, I knew it was the right thing to have done.
Eric Mc said:
Any sort of contract is legally enforceable if there has been an offer and an acceptance - whether in written form or verbal. Verbal contracts are just as valid as written ones.
The problem with verbal contracts is providing proof that the contract exists. However, the existence of a verbal contract can be implied or even proved by how the parties have performed with each other after the date the alleged contract was brought into force.
Couldn't have possibly been better worded. The problem with verbal contracts is providing proof that the contract exists. However, the existence of a verbal contract can be implied or even proved by how the parties have performed with each other after the date the alleged contract was brought into force.
Employment Contracts tend to be a little more flexible anyway.
Even if you had signed acceptence, and decided to resign before you started, there is in reality very little that the jilted employer could or would do.
There is no value in sulking, or pursue people. There might be some absolute exceptional cases, but for most of us it is likely our name would be forever mud in one firm, but that would be about it.
Even if you had signed acceptence, and decided to resign before you started, there is in reality very little that the jilted employer could or would do.
There is no value in sulking, or pursue people. There might be some absolute exceptional cases, but for most of us it is likely our name would be forever mud in one firm, but that would be about it.
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