3 ms·
IAAL (this is not legal advice). An offered but undelivered gift conveys no legal obligation on the would-be donor. In order for it to become an enforceable con
by otterley 6y ago
IAAL (this is not legal advice). An offered but undelivered gift conveys no legal obligation on the would-be donor. In order for it to become an enforceable contract, some sort of additional consideration would need to be required from the employee over and above their existing work (e.g. overtime, extending a contract, etc.), and a promise to do that would need to be accepted from the company.
This is covered in first-year contract law.
That said, an employee might be able to recover from injuries on the basis of promissory estoppel if they relied on the promise of a bonus to their detriment.
- quiescant_dodo 6y agoIf: 1. The company sent bonus emails in 2019 via email 2. The offending email was from 'happyholidays@godaddy.com' (instead of 'goCLaddy.com') would it change the legal perspective? I could totally see myself seeing such an email and making decisions based on the premise that I had additional income coming. I think I've read advice in the past that if a "reasonable person" would believe it, then it counts as an informal contract or something.
- otterley 6y agoYeah, promissory estoppel is a thing. It's not technically a contract, but it's equitable relief that might be available if there's reliance and no other remedy.
- gamblor956 6y agoEmployee bonuses are not gifts. They are compensation. Moreover, as labor-related/compensation, they are generally subject to administrative regulations that trump general rules of contract law. They cover that your second or third year of law school, if you take employment law or administrative law.
- jldugger 6y agoRemember kids, stay in school!
- twirlock 6y agoThere are other types of law besides contract law. I assume that's covered the first day.
- runarberg 6y agoI wonder if any jurisdiction has laws against entrapment against their workers. If not there ought to be a law that forbids employees from setting their workers up for failure.