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While working as a contractor, I verbally committed to working for a year. Is this binding?

Hayward, CA |

I'm working as a contractor for a company located in New York. Upon, agreeing to accept the role and as I requested for an increase to the hourly rate, they requested that give them a verbal commitment to staying in the position for at least a year. I felt obligated and therefore agreed. Is this verbal agreement binding? Also, they pay their employees only once a month at the end of the month. Is this legal in California. Thanks for you help.

Attorney Answers 2


  1. If you are an independent contractor and you entered into a verbal agreement whereby you agreed to perform services for a period of one year in exchange to an increase in the amount of money you would be paid, then yes, it is a fully enforceable agreement. Verbal agreements are enforceable, just more difficult to prove because of the lack of a written document containing the terms. However, if it is proved that there was a promise supported by valuable consideration, a contract is proved.

    Good luck to you.

    This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.


  2. Oftentimes, companies misclassify workers as independent contractors when they are really employees. The answer depends on your duties and many other factors. IF you are truly an independent contractor, the terms of the agreement (written or oral) dictate. If, however, you are actually an employee and working in CA, CA labor laws apply to you and you must be paid at least 2 times per month. In addition, if you are an at-will employee, you can quit anytime you want for any reason. It may be worth your time to have an employment law attorney analyze whether you are an employee or indep. contractor.

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