is a verbile agreement binding
hi all
just wanting to know if anyone can tell me if a verbile aggrement is binding or do you need it in writing.
why i am asking is that my previuous employer said that he pays us $3 an hour for every hour that we worked at the end of the year. i started on 07-01-08 to 13-11-08 doing roughly 60-66 hrs per week (6nights a week) another employee i know has just left there as well and he told me that he is going to chase his bonus up and that i should do as well. i dindnt when i left because i did not finish 12 months with him but he still reckons i am entitled to most of it . are we entitled to it as it was only verbily said and there was nothing in writing, we are each others witness to what he said and so is one more worker that used to be there, do we have any chance pursuing this any further. any thoughts or comments appreciated.
dakka
"If we all fish for the future now there will be fish in the future"
till
Posts: 9358
Date Joined: 21/02/08
verbal agreements are
verbal agreements are binding but the point is that they're hard to enforce.
Faulkner Family
Posts: 18062
Date Joined: 11/03/08
Yeah Your word against your old Bosses
it is alway hard to prove if he was any kinda boss or had any intentions of paying you he would have paid you for that time when you did it but like Till said it is very hard to enforce sorry to say alway get things in writing if you can.
SANDY
"A family that fishes together stays together"
RUSS and SANDY. A family that fishes together stays together
abandon
Posts: 204
Date Joined: 23/05/07
written and signed
An agreement in writing that is signed by both parties will definitely hold up better than verbal agreements. I guess witnesses to the verbal agreement could be of some value...
If we can hit that bullseye, the rest of the dominoes will fall like a house of cards. Checkmate.
HuggyB
Posts: 2515
Date Joined: 03/08/08
the others summed it up nicely
way too hard to prove and your "witnesses" stand to benifit like you, so their "evidence" is useless.
By all means give it a crack and see what happens, but I wouldn't be pursuing it with any great vigour if the former boss throws up a road block.
And given the current work climate, I reckon you've got 2 chances - none and buckleys.
The Terrorist - coming to a fishing spot near you.........
Matt T
Posts: 875
Date Joined: 19/11/07
$3 an hour??
Mate, I don't know what work you do but that seems low for any award rate!
H.S. Chan
Posts: 587
Date Joined: 04/01/09
3 bucks?
i was thinkin the same thing. I wouldnt even set my alarm for 3 bucks an hr.
How to balance the love of my car with my love of fishing...
Fish-wrxed?
H.S. Chan
Posts: 587
Date Joined: 04/01/09
ohh, i get it now
3 buck per hr bonus paid annually. Paid by how many hrs done within the 12months.
Its all making sense now lol
"Now, i may be an idiot, but one thing i'm not sir is an idiot"
Mick.C
Posts: 184
Date Joined: 09/08/08
Its called an implied
Its called an implied contract and it is legalling binding. Proving it is the hard part.
gpc123
Posts: 265
Date Joined: 12/02/07
DOCEP
Department of consumer and employee protection. Friend of mine had some hassles a while back they sorted it out.(in their favor)
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Dreamweaver
Posts: 4688
Date Joined: 01/12/07
'Standard of proof'
The guys are right, under essential elements of a 'contract', it does NOT have to be in writing to be enforceable and ratified (as opossed to repudiated). It comes down to 'reasonable interpretation' - you have intent by both parties and, as the others said a (very) implied outcome. From what you described dakka, the only 'fuzzy' bit would be 'what was (is) the definition of 'end of year' - was there any party witness eluscidation on what 'end of year' constituted?
Remember, if this goes before a Civil Court, there is a big difference between a civil and criminal trial - it's called 'standard of proof'. In a criminal trial, the case must be proved beyond reasonable doubt. In the civil trail, the plaintiff's (you (and others)) must be proved on the balance of probabilities.
Summed up, whilst it is ideal to have a written contact, in the absence of a written contract, providing other sufficient contractual elements are present (or presentable in court), then it can be enforceable. Just because it is not in writing doesn't mean it is unenforceable.
Colin Molloy
RECFISHWEST Member
(Colin 2 - Co-founding member of the prestigious Colin Club)
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