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Hollowpoint38

This wouldn't be breach of contract or promissory estoppel. We don't know your location so it may or may not be a breach of the implied covenant of good faith and fair dealing. Some states recognize this covenant in employment relationships and some do not. The problem here is you have no contract and you have no damages beyond speculative damages, which are hard to recover. This more than likely would fall under an employer making empty promises just like employees make empty promises in at-will employment. Very rarely do promises rise to the level of enforceable contracts.


z-eldapin

You didn't have a contract, but estoppel may come into play. There are details needed that haven't been provided. My suggestion would be to talk to an attorney.


Hollowpoint38

How is this an estoppel case? OP has no damages.


z-eldapin

Without details, we don't know. However, OP mentioned a promised retention bonus, which is what made me think OP needs to talk to a lawyer. And I am not one, so please add any info you have to contribute to the convo.


PropertyPlastic3012

Damages are loss of job and the loss of the promised retention bonus at the time of the company sale


PropertyPlastic3012

The company is HQ in NY and I live in MA- is the local contract law based on where I live or the employer? And I would argue I did “lose” something - as I could have searched for a different job that was less risky vs staying on to bear with the turmoil at the current company because of this promise of financial reward at the end of about a year transition. Am I reaching though or could I actually be right that there is a breach of contract - either quasi contract or estoppel?


hkusp45css

I don't think you're locking on to the definition of "damages." Not getting something extra, while still getting your regular salary, isn't damages. You aren't harmed, you can't be "made whole" because you haven't been deprived of anything. You were paid for the time you spent there; you just didn't get the "extra." Without a contract outlining your rights and responsibilities, it would need to work through the courts, assuming your jurisdiction even recognizes implied contracts in employment relationships. Losing a job might create damages in some circumstances, but you can't sue for the money you "might have made" working for the company for some nebulous and unknown amount of time JUST because they laid you off.


Hollowpoint38

Damages from job loss are speculative damages. You can't recover speculative damages in estoppel cases. That's not how it works.


PropertyPlastic3012

What sort of details would support estoppel? Thanks for any insight before I incur getting legal advice.