What Is An Enforceable Promise?
Any discussion of what is an enforceable promise must be prefaced by some relevant and important considerations. First, a verbal promise is very costly and time-consuming to litigate. Secondly, a verbal promise lacks the essential elements of a contract. Thirdly, an enforceable promise must be one that the person who made the promise was in a position to make. Fourthly, if you assert a promise, you will have the burden of proving it.
Having said this, let’s now turn to a discussion about what are the conditions under which a promise may be enforced. For an employee, the promise is enforceable if the following can be proven:
>Your employer made a specific promise to take some action.
>That you counted on the promise being kept.
>That it was reasonable on your part to rely on the promise.
>That you were caused harm by relying on the promise.
>The promise should be enforced to avoid unfairness.
A good illustration of relying on an enforceable promise is when an employee is promised a raise and or a promotion if they will not accept the job offer from another company. The promise includes comments about how good the employee’s work is and how valuable they are to the company. The employee is left believing, and rightly so, that they have long-term employment and a better job earning more money. However, the lower level supervisor convinces the management to terminate the employee over a legitimate difference of opinion. The termination is followed by a letter from the person who made the promise confirming the termination. The employee now has lost their job, and their prospect of a job with the other company no longer exists.
While this example checks all of the boxes, it is clear that the verbal promise will be difficult to prove because the management will most likely deny ever making it. Even though a promise may be enforceable, it may be unrealistic to try to enforce it.
Unlike a contract where each party must give something and get something of value, an enforceable promise can be a one-way commitment.
The best way enforce a promise is to be sure you have it in writing. However, this is difficult to obtain in the employment setting. Perhaps the best advice is to be wary of verbal promises.
You should consult an attorney if you believe an enforceable promise has been broken and you have suffered detrimental consequences.
If you, or someone you know, are facing legal issues in the workplace United Employees Law Group has answers, Call Today for your free and confidential case review. Please feel free to CONTACT US with any questions about this blog or your exact situation.
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