Quote:
Originally Posted by K-dog
I do. Almost every employment contract I've been involved with has been worked out between the principals prior to coming to us. Then gets drafted but not renegotiated. I think only in the most complex employment contracts do renegotiations take place and, even then, not with regards to major terms like compensation.
Of course, it is hard to enforce an unwritten contract...then again, it is no less a contract for being unwritten.
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Enforceability is my precise point - a contract is completely worthless if it isn't enforceable. Until I have a piece of paper in my hand that I can waive in front of a judge and get damages with, any deal that is worked out orally is irrelevant from a practical standpoint, no? Sucked for BYU (at the time) but them's the breaks, and they would have been extremely shortsighted not to consider the possibility of him ignoring prior oral agreements and jumping to greener pastures if said greener pastures became available.
In any event, it's apparent that employment law is different that the business law I practice - people are very careful about not binding themselves to things until documents are signed.