Legal Question in Employment Law in Missouri

Severance Package Promise

I was promised a severance package by my previous employer, subsequent to an office closing. I was presented several options (verbally, not in writing) of a new position (which I did not want to do because of the travel involved), relocation (also not an option), or to take a severance package. Now that I have accepted another position outside the organization, my previous employer is denying the several conversations that transpired regarding the severance package. Although they never presented anything in writing, I made them aware that I was taking meticulous notes during the meetings. Do I have any legal recourse under the terms of a verbal contract?


Asked on 5/12/98, 10:26 am

1 Answer from Attorneys

Craig Crispin Crispin Employment Lawyers

Severance Package Response

An oral contract is just as enforceable as a written contract. An oral contract, however, is much more difficult to prove. Your notes alone may not be enough, but in combination with other evidence (including your own testimony) may suffice to establish a contractual commitment. To do so, the promise or offer must be specific, and the terms sufficiently precise to permit enforcement. This is a highly fact specific kind of situation, and you should consult specific legal counsel.

Please be aware that you have only a limited time in which to bring a legal claim. If you delay, all your right to pursue your claim may be lost forever. The limitations periods for different kinds of claims are of different lengths of time, and when the time begins to run can be difficult to determine in some cases. Do not delay. Act promptly if you intend to pursue a legal claim.

The comments contained in this response are not intended as, and should not be relied on as, specific legal advice. These comments are for general guidance only. If you need specific advice for a particular problem, you should consult a lawyer in person.

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Answered on 6/19/98, 1:10 am


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