Legal Question in Employment Law in Massachusetts

Bit of a complicated story. But I was denied tenure at a University. In my last year of employment, I was verbally offered an additional 1 year of employment. I verbally agreed with the Dean to the terms of the employment - number of courses, pay, etc. Based on that, I took myself out of consideration for another job. Seven weeks after we verbally agreed to this, the offer was "withdrawn," based on the justification that he (the Dean) was not aware but the University would not approve this situation. This occurred 2 years ago. I have since found employment. Yet, generally speaking, is a lawsuit still plausible under these circumstances. If the University can be forced to provide email exchanges, much of this is documented over email with the Dean.


Asked on 7/28/10, 4:10 am

1 Answer from Attorneys

William Harrington Law Office of William T. Harrington

Based on what you wrote, there will be an issue under the Statute of Frauds, which makes unforceable any contract that can't be performed in one year unless the contract is in a signed writing. It seems that the verbal offer by the dean ( and I'm assuming your verbal acceptance) would not create a legally binding agreement since it could not be performed in a year from the date the offer was accepted. Also, there will be an issue as to whether you reasonably believed the dean's verbal statements bound the university. If it was customary and expected to have a formal written agreement or vote, then it would be tough to argue that the university should be bound by the dean's promise. You may have a claim for promissory estoppel. You would have to show that you reasonably relied on the dean's promise to your detriment. You say you withdrew your name from another job. Do you think you would have received an offer from that job? Would that job have paid you more? Lastly, that you landed on your feet will limit any recovery even if you could show liability. I hope this helps you.

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Answered on 8/02/10, 5:02 am


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