A job candidate asks the hiring manager how long employees usually stay in that position before moving on to something else. The manager answers: two years. The candidate is hired, fired and sues, claiming she was under a contract to work for two years.
That’s what happened in one recent, real-life case. Read the facts and decide: Who won?
The facts:
An employee was promoted to a managerial position in a new location. During an interview for that job, she asked the hiring manager how long she’d likely be in that location before getting another opportunity to advance. The manager answered two years, most likely.
However, the woman was terminated within the first year — according to her, in violation of a contract. She claimed that she and the manager agreed she would be in the position for two years.
The employer said:
First, there was no written agreement about the length of employment. And the manager never meant to say she’d definitely have the job for two years — just that two years was about how long she’d have to stay before getting another promotion.
Also, the employee handbook specifically stated: All employees are employed “at-will,” for no specified length of time, unless there was a special agreement with the CEO or head of HR.
Who won the case?
Answer: The employer.
Why: The court agreed there was no promise from the hiring manager, especially without a written contract. And the company’s handbook removed any doubt about the woman’s at-will status.
Bottom line: It’s key for hiring managers to watch what they say to prospective employees — making promises that can’t be kept can get a company in big legal trouble. But as this case shows, they’re still free to answer questions candidates have about the company and its jobs.
Cite: Urgo v. Bassett Furniture Direct-NE, LLC
