Executed Offer letter and not agreeing to the terms

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Latest post 11-04-2009 1:47 PM by superman1. 4 replies.
  • 11-04-2009 1:25 PM

    • Dmoney
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    • Joined on 11-04-2009
    • NJ
    • Posts 1

    Executed Offer letter and not agreeing to the terms

    I signed an offer letter to work for a publically traded company in NYC. As part of the offer I was to get a certain amount of options @ a certain strike price upon execution of this letter. I have now worked approximately 4 months at the new position, which is a VP position, and was told by the CFO that they were not going to give me the options I was promised in the offer letter because the CEO doesn't agree with it. The CFO signed the offer letter. I made decisions based on this offer and stock options. I left a previous company were I had options and resticted stock and walked away from those because I was getting the new company options. Do I have a legal case? Can I pursue reimbursement of the value of the other stock I left behind under detrimental reliance and a breach of contract.

     

    Thanks....

  • 11-04-2009 1:35 PM In reply to

    Re: Executed Offer letter and not agreeing to the terms

    "Do I have a legal case?"

    Depends.  If you signed an actual CONTRACT then yes you might have a case for detrimental reliance and breach of contract.

    "Can I pursue reimbursement of the value of the other stock I left behind under detrimental reliance and a breach of contract."

    If it is actually a contract.  If it is only an offer letter then you may be completely hosed.  You will have to take the document to a NY attorney to see whether they can be held to it's terms.  Only skilled counsel can tell you.  Generally employers are free to deviate from the terms of offer letters, contracts no.

  • 11-04-2009 1:42 PM In reply to

    Re: Executed Offer letter and not agreeing to the terms

    The letter may not be enforceable as to future employment but it may well be enforceable as to  stock options that were agreed to be delived upon execution of offer /acceptance.

    You need contracts or labor lawyer in NY to comment on the letter itself.

    Hint--given your exit may happen  as soon as you make noise you might be wise to sort thru the  statute of limitations to seek enforcement of written contracts--in my state its 6 years--so I could coast for a while before I made noise that was sure to result in retaliation..

     

  • 11-04-2009 1:45 PM In reply to

    Re: Executed Offer letter and not agreeing to the terms

    Error--I think PA is 4 and NY is 6--but you confirm what applies to your case!

     

    Me, if its a contract I might sort of bank it for a couple of years?

     

  • 11-04-2009 1:47 PM In reply to

    Re: Executed Offer letter and not agreeing to the terms

    If it's an actual contract, you can win this.  I have done it.  However, it can't just be an employment offer letter, it must be a real contract. 

     

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