Oral "Agreements"

[Dash8Driver]

What is the name of your state? NC

My wife was hired by one individual who told her that she was being hired for the 7-3:30 pm shift with weekends every 6th week. Before my wife started this individual was fired for sexual harrassment (not sure if that is need to know or not). As a bonus to being hired she was given a monetary sign on bonus and paid moving. Now the contract she signed only deals with paying back the bonus if she does not complete 18 months of employment.

The big question is, now the "new" supervisor is trying to change the schedules around, ie moving people from day shifts to nite shifts etc etc. This wouldn't be a problem except for daycare issues so I'm curious as to if the "promised" schedule my wife was hired under is considered an oral agreement and is that binding? If it is, does that relieve her/us of having to repay the sign on bonus since the hospital is breaching its agreemant.

Any help is appreciated.

D8D

 

[Beth3]

This wouldn't be a problem except for daycare issues so I'm curious as to if the "promised" schedule my wife was hired under is considered an oral agreement and is that binding? Very unlikely. When a job offer is made, the particulars are made in anticipation of what will happen in the forseeable future. If everything were "locked in" at the time of hire, that means your wife could never be given a pay raise, a promotion, new job duties, a transfer to a more desirable schedule, etc.

Things change and employers aren't required to have a crystal ball and forsee that in "X" days/weeks/months/years, business conditions will dictate changes in shifts, job assignments, or other terms of employment. What your wife should do is speak to the supervisor and explain she took the job because of the schedule she was offered and that she has day care issues and see if there's room to "negotiate." Your wife is also free to take her concern to someone in HR or more senior management and see if they will review the situation.

It is highly unlikely the schedule that was described to her constituted a verbal contract. If your wife ends up having to quit because of the change in schedule and the company insists on her repaying the relo and sign-on bonus, she may want to consult with an attorney at that point just to discuss her options. A letter from an attorney might make the employer reconsider even if your wife doesn't have a viable legal position for refusing to pay.

 

[cbg]

No, it is not an oral agreement.

No, it is not binding.

No, it does not relieve her of having to repay the sign-on bonus.

Unless she has a bona fide CONTRACT which specifies that she is to work the 7-3:30 shift and ONLY the 7-3:30 shift, the employer is free to set her hours on whatever shift he needs her.

If an employer were formally bound to leave in permanant, unchangeable status, whatever is said at the initial hire, then no one would ever get a raise, a promotion, or an increase in benefits.

 

[Dash8Driver]

Thank you Beth

I realize emplyoyers have to have the ability to change schedules, but, and this is a big but, my wife accepted this job and it was made clear to the person hiring her because of the schedule.

Thanks again

D8D

 

[Dash8Driver]

No, it is not an oral agreement.

No, it is not binding.

No, it does not relieve her of having to repay the sign-on bonus.

Unless she has a bona fide CONTRACT which specifies that she is to work the 7-3:30 shift and ONLY the 7-3:30 shift, the employer is free to set her hours on whatever shift he needs her.

If an employer were formally bound to leave in permanant, unchangeable status, whatever is said at the initial hire, then no one would ever get a raise, a promotion, or an increase in benefits.

So your saying oral agreements do not exist? Interesting....

I think you both missed my point on the "Oral Agreement". The conversation she had was specific to schedules and hers, was in effect, promised. Obviously these agreements can be modified if both parties consent, ie pay, more desirable schedules, etc.

D8D

 

[cbg]

I didn't say oral agreements don't exist. I said that an employer saying at the inital hire that your wife would be on one particular shift doesn't constitute one.

 

[Dash8Driver]

Could you be so kind as to define an oral agreement for me then, thank you.

D8D

 

[Beth3]

Oral agreement is way to vague a term - everyone would have their own definition.

cbg is correct that unless a bonafide employment contract exists (which also means it's in writing), her employer is free to change her schedule.

 

[Dash8Driver]

I guess I'm confused the, what is the term used when to people speaking to each other agree on terms? Just to be clear no one is disputing the original agreement, it is simply being ignored.

Sorry to be such a pest on this, but we need to have our ducks in a row and I want to know as much as I can before we waste money consulting a lawyer.

Thanks

D8D

 

[cbg]

But in general, for there to be any kind of enforceable agreement (read contract) there has to be consideration offered on BOTH sides.

Nothing in your post indicates that your wife offered any consideration.

 

[Dash8Driver]

Im sorry, her concessions were becoming the clinical instructor (students). Since her schedule would be set since student are only at the hospital during normal working hours.

D8D

 

[cbg]

What was she hired to do? How does her becoming the clinical instructer constitute a concession?

That's a question, not a rebuttal; you haven't offered any information about her position.

 

[Dash8Driver]

I always leave out the important details. She is a Radiographer, X ray tech.

The concession would be more work, supervising students, training students, writing performance evals, etc etc. Unless Im misunderstanding the meaning of concession.

The hospital got an experienced clinical instructor, she got the schedule she wanted.

D8D

 

[cbg]

Yes, you did leave out the important details. You got the correct answer based on the information you provided.

With the additional information, that MAY consititute an agreement. (You're going to have to speak to a local attorney on the specifics since state definitions vary.)

However, you seem to be operating on the assumption that if this is so, the only possible response is for them to give her back the shift she wants. That's not the case. Another possible response is for them to leave her on the shift they want her on, but she no longer is responsible for the clinical instruction.

I still don't believe that releases her from having to pay back the sign-on bonus but you'll have to show the agreement to an attorney as the EXACT wording matters.

 

[Dash8Driver]

Yeah, the pudding is in the details I guess, oops. Well the kicker here then is the hospital still wants her as the clinical instructor, as she is the only one "qualified" to do it. Besides I don't think these egg heads could think far enough ahead to take her off clinical instruction in lieu of the new schedule.

If we could prove an oral agreement wouldn't both sides have to agree on the changes?

Thanks again!

D8D