Washington, DC asked in Employment Law for Maryland

Q: If your told via text that you will get a raise and the area manager says no. Is the text legally binding

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1 Lawyer Answer
Mark Oakley
Mark Oakley
Answered
  • Rockville, MD
  • Licensed in Maryland

A: No, it's not legally binding unless you "gave something up" of substance in reliance on the promise of the raise (known as "detrimental reliance"). An example of that would be that you were offered another position by another employer, and your current employer then made you an offer of a raise to keep your from taking that new job, and in reliance on the promise of a raise, you turned down the new job. In that circumstance, the employer may be bound, because they knew you took an action for their benefit (not quitting and taking a new position) in reliance on their offer. By relying on the promise of a raise, you changed position by turning down and losing an offer from another employer. In the absence of such reliance and a change in your position on account of it, the offer of the raise was made without any "consideration" on your part --in other words, you haven't lost anything new because they failed to keep their promise of the raise; your position hasn't changed. Making a promise not supported by consideration or a substantive change in position by the one being promised, does not make a contract. Breaking such a promise is therefore not a breach of contract.

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