Can I recoup a negotiated salary after termination?

Asked over 1 year ago - Richmond, CA

I have an on-going work relationship of 10 years with clients who offered a guaranteed monthly salary in an email during our salary negotiations in November 2012. With a client we have stopping work on various projects and my employer's personal issues they decided they want to go back to a freelance per project deal.

There is not a signed written contract. I only have an email with the following guarantee :
So what we want to propose is that we give you $4,000 per month as a guarantee every month. That way you have a guaranteed base salary.

Can I get them to pay me based on this email?

Attorney answers (2)

  1. Christine C McCall

    Pro

    Contributor Level 20
    Best Answer
    chosen by asker

    Answered . It seems that you are asking whether the email can be considered a binding contract that obligates the clients. But you yourself acknowledge that there is no contract. The fragment that you quote would certainly not be sufficient to create an enforceable employment contract. It is lacking a number of terms critical for constituting a contract, most conspicuously a time certain. You will need to have an attorney review the entirety of any document that you wish to assert and enforce as a contract.

    No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended... more
  2. Marilynn Mika Spencer

    Contributor Level 20

    Answered . First, please keep in mind that this web site is not private or confidential. Anything you write here can be viewed by anyone, including the employer, the clients . . . anyone.

    Second, the information you stated is confusing. Are these clients of yours or of your employer's? Who sent you the e-mail, the client or the employer? Are you saying your employer is attempting to convert you from an employee to an independent contractor?

    Regardless of the response to my questions, the e-mail text you quote is a proposal which you, or to whomever the proposal was made, would have to accept before it would become effective. There are some circumstances were performance or partial performance would demonstrate acceptance.

    twitter.com/MikaSpencer *** All legal actions have time limits, called statutes of limitation. If you miss the... more

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