What is an "employment contract"?

Hi Mel,

Does a dated letter offering employment (stating the position title, start date, terms of employment and salary, as well as requiring the signature of the employer representative and the employee) constitute an employment contract?

If so, and if the employer defaults on one or more aspects stated in that letter, is it a "breach of contract"?

Also, as I read the questions and answers on this site, it seems to me that employment law is weak (open to multiple interpretations) and most often favors the employer. So, I am wondering if the situation described above is a breach of contract, if it would be better to seek restitution and damages under general contract law rather than under employment law? Or would they be the same in such a situation?

1 answer  |  asked Sep 11, 2002 03:52 AM [EST]  |  applies to Georgia

Answers (1)

Brian Pastor
Employment Contract

It really depends on the state in which the offer was made. Many states are "Right to Work" and "Employment at Will". In Georgia, the law is that unless the contract contains a definite time period for employment e.g. that "This contract is for a term running from January 1, 2003 through and to December 10, 2003", the contract will likely be deemed as creating an at-will relationship. As with all cases, there is no way to tell about your particular situation without setting up a one on one consultation. No action should be taken or not taken based on this e-mail as it is not intended to convey any specific advice about your case nor is it offering anything but general information. It should not be construed as giving legal advice or engaging in legal representation.

posted by Brian Pastor  |  Sep 11, 2002 07:57 AM [EST]

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