We have a lot of turn over in management where I work and the question is, How vaild are statements and contracts by the ex managers.
For instance…
Our Director of Sales said to an assistant who got promoted to a coordinator that she would get a 50 cent raise after 90 days. She got her 90 day review did excellent then the new DOS said “no we ain’t doing it.”
Even though she was promised by the old DOS.
Now the ex General Manager told me if I tought classes to the hotel staff “Basic Computer,” “Excel,” “Word,” “Crystal Reports,” etc. the hotel would pay for me to take advanced classes in other software program.
I even registered for them. Now the new GM said “No the old GM signed that so it isn’t valid.”
It really doesn’t bother me as I can put it on my resume and I got paid for the extra time teaching.
Finally I was told to revise the outstanding contracts and that we were going to charge all the groups in the hotel as well as all the transient guest $3.00 for an energy surcharge.
I asked “How can you charge them more when they signed a contract.” Of course the answer was “That was the old staff.” If they don’t like it they can go elsewhere.
Like I said without getting personal…Don’t the contracts have to be valid. Also it is a standard contract and other than a clause regarding a “Natural disaster” there is no refund clause so to speak.
Also to expand what if the hotel was sold to different owners…
My knowledge in this area is limited, but my understanding of the law leads me to believe that those bosses were acting as agents of the companies when they signed those contracts and therefore they are enforceable. Personally, I would raise hell.
Sounds like you and your fellow employees should be looking elsewhere. What’s the point in working for a weasel like that? Go somewhere that you’re appreciated and with someone who isn’t changing the terms of your job behind your back. Trust me on this one, I’ve been there.
The legal doctrine you describe is respondiat superior.
If any of these promises are documented, it would be rather easy to press the managers into following through. Use lots of tact, because if you piss them off they’ll fire you for something else.
It’s respondeat superior, and it’s not applicable here. That’s when the boss has to pay for the employee’s screw-ups. That’s a tort, not a contracts, issue.
I’m talking about agency. The boss acts as a representive for the company, so essentially it’s the same thing as if the company had agreed to the contracts.
Sorry for being such a smart-ass, but I’m just following Cecil’s lead.
That’s hardly legal; you can’t revise a signed contract without the agreement of both sides. That’s the whole point to having a contract.
Of course, the other people would have to take you to court to enforce the original contract, so they may not bother for $3. OTOH, they can just refuse to pay the money and have you try to get it (and it’s hardly likely you could).
As far as the other agreements are concerned, Sam Goldwyn said it best: “A verbal agreement isn’t worth the paper it’s printed on.” You could possibly eventually get the terms you were originally promised, if you have a good lawyer and good documentation, but it would be a rather phyrric victory.