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Breach of Promise? New Jersey

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  • Breach of Promise? New Jersey

    On July 10, 2007, I resigned with the company I currently work for to take another position with another company. The General Manager who is my direct supervisor reported this to the Director of the company who requested that I meet with her on July 12, 2007 which I agreed to do. At this meeting, the director asked me why I was resigning and what they could do to keep me. I informed her that the company I was going to gave me an offer which was too much to ignore. At this point the director asked the GM if they could meet that afternoon to discuss the issue.

    On the morning of July 13, 2007, the GM came to my office and asked if a pay increase by $6300 retroactive to July 1 and bonus of around $6000 would be enough for me to stay with the company. I agreed that it would and he and I shook hands. I called the company that I accpeted the job offer with and told them I would not be taking the position.

    On August 2, I was given a yearly review stating my pay would be increased by $6300. After signing the review by the GM and I, he took out a noncompete form telling me that I will not get my increase or bonus until I signed it. I do not plan on signing this form as this was not part of our original agreement and don't think it would be best since it is a struggling company as it is.

    I want to know if I have any legal rights to force the company into keeping their original promise which did not include a non compete agreement. (Breach of promise?)

  • #2
    You can check with a lawyer but I am betting that if you don't sign, they don't have to pay you. $6000 is a hefty bonus to get nothing in return, particularly since it is being given to retain you. I can see where the company wants to ensure that you don't take the 6K, then quit the next week to go work for the other company anyway. Wouldn't be the first time that an employee did something like that.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.


    • #3
      Oh, for heaven's sakes....

      First off, 90% of folks that accept a counter offer (which you did) are gone within a year. Some are fired (they have shown that they are moving on and the company buys time to find a replacement). Some quit (money is rarely the real reason for leaving employment and an increase in pay is nice, but does not correct the problems at work).

      Good luck in showing there was some breach of contract here.

      You really should have taken the other job.
      Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.


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