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Can an employer breach a verbal contract and be held responsible for breach of contract? |
I am a pediatric dental hygienist for a small childrens dental office which is family owned and operated by 2 brothers. My bosses ok'd me to leave early for my classes this semester, but now they are saying I can not go and changed their mind. They knew upon hiring me that I was a full time college student and were ok with it. They even had no issues this past semester with my schedule. But now they are telling me I can't go. School starts Tuesday and I don't know what to do? Should I just leave? They know how important my education is to me, and they say they support continuing education to the community, they even signed a letter for my tuition assistence from a local dental society stating I am a full time student and full time employee. But now they are going back on their word. I signed a contract stating if I leave within the year they have the right to keep my last paycheck, to reimburse them for one required course I had to take upon employment. But I can't afford to lose money I would say put your education first,It's far more important in the long run.I'm not a lawyer so I can't give you legal advice but I encourage you to try one last time to work something out with them.If not then have confidence that you can find another job. that is not a verbal contract, since there is a written contract. a verbal and written contract can't cover the same thing if the verbal agreement was first. you might be able to enforce it in court, but it would be a long legal battle and you would have a small chance of winning. Tough one. I suggest you hit the internet and find a local legal services agency in your area. They may give you some advice for free. Best future advice is to always get something in writing, and have a plan "B". You should speak with an attorney. I would guess that the dentists are within their rights if you leaving early would negatively impact their business. Here's the bottom line: If you are hard up for cash and can't quit, then you are stuck temporarily. You will have to investigate continuing your education at night, it that's possible in your area. Sorry hun, but if you have a written contract, that will ALWAYS beat any oral contract. There is no proof whatsoever of the oral contract. There is strong evidence with the written one however. In most states, an employer can fire an employee for no reason, and the employee can quit for no reason - this is called 'at will' employment. Most likely, they can fire you if you don't agree to work regular hours. The fact that they made an allowance for you in the past does not require that they continue that practice in perpetuity. My guess is something has changed - either the practice is now busier, or you have been late a lot, or they need to extend their hours - whatever it is, they have a right to change their mind on this one. |
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