Hello people, I have got myself in a bit of a pickle and need some advice

I recently negotiated a fixed term job contract with a large swiss bank. We agreed terms by email and then I resigned from my previous job based on the promises made. Now the bank is trying to renegotiate terms (i.e. pay me less). I am at a disadvantage as I have already resigned and I don't have a signed paper contract. Is their initial email binding, and how would I go about enforcing it? Or does anyone know a good lawyer??

Thanks for your advice!!!

Not too sure about the legality of it.

But welcome to the forum nevertheless.

why not just reply and tell them to stick to the original deal? since they can fire you in the first week, a lawyer isn't going to do you any good.

Our email agreement had a minimum term. I would have thought they need to honor the deal for that long?

is there no probation period?

If there was no probationary period it could be interesting!

Most contracts also have a probation period (usually 3 months) during which either you or the employer can terminate the contract with a week's notice. This is regardless of whether it is a fixed or temporary assignment.

It wasn't explicitly discussed or written in the email.

it will probably be in the final contract. i guess nothing was formally agreed until the signed contract. keep on negotiating. and next time wait until you have a signed contract in your hand before quitting!

It's a bit late now but the general rule of thumb is don't kick your old job into touch until you have a signed contract in your hand for the new gig.

BG, good luck and keep negotiating, as Phil suggested. I am no lawyer, and hope that some more EFers experienced in legal matters will "come to the rescue", but I have been through my fair share of negotiations, and I would think that, until there is a contract signed by both parties, one can say/write whatever and is unfortunately not legally binding - not trying to play the devil's advocate, but they could say that the email correspondence was part of the negotiations and not the final agreement... I am of course happy to be proven wrong if there are some Swiss employment regulations I am unaware of that would make this sort of pre-contract negotiation correspondence legally binding!

Hope you get a good deal at the end!

Just thinking, are you sure you want to work for an organisation that uses such negotiation practices and changes terms at will?

Exactly what I was thinking. If this is how they act now what are they going to be like to work for. I guess the point is how quickly could you find another job?

I would be inclined to show them the email where it was agreed a rate and if they can't stick with that or explain to your satisfaction why you may have been mistaken I would be inclined to walk away. If you can.

as verbal agreements are, emails are legally binding.

"In any case, even the most informal mail is legally binding and equally treated as any oral or written statement or order. Even warnings or notices by e-mail are valid, unless a notarized attestation is required for their binding. E-mail was also admitted as evidence in court cases - though not with the same probative value as documents.

http://www.beobachter.ch/archiv/arti...nstandsregeln/

Just being nosey really, but what was their justification for changing the terms?

I am not a lawyer.... but I'd say if it was an obvious error, like an extra zero on the end , I think you have to excuse them, but if they are just being mean or incompetent and wanting to reduce it a few percent, I would be inclined to stick to my guns, and pull out the emotional weapons about having resigned etc.

There might be a grey area if they want to change the terms by claiming that (for instance) you are not quite as well qualified or experienced as they originally thought. But otherwise I can't see how they can reasonably go back on their offer.

Trouble is, if you really want / need the position you might feel you can't complain too much. Best bet might be to find a lawyer offering a few minutes of free advice by phone. Certainly they would do this in the UK.

I am also thinking this, but am due to start quite soon and wasn't planning on taking unpaid leave....

yup, just meanness and mind-changing, no error with the zeros. How annoying

If it is a fixed term contract for a fixed period then that is what it says, no probationary period and not much wriggle room either side.

If they sent you an email contract, signed or not then they are on the hook as it was them who initiated the process and agreed to terms by writing them down and sending them to you. It's not difficult to prove where the email originated from.

If the email contract doesn't specifically mention a probation period then by Swiss law it defaults to one month, so be careful. I believe this also applies to fixed duration contracts.

During the probation you can be fired at any time with no notice. After the probation you can be fired for no reason as long as they pay you the notice period (1-3 months).

The e-mail can be viewed as an offer to treat and is not legally binding by any means. Same when you go to a supermarket and see a price for a good. It can change both ways... What is legally binding is a written contract with signatures that confirms the understanding of the document (in your case a working contract).

This said (and for most of us who have a few working years of experience behind us will know this) never resign a job before you have signed a new employment contract if you don't want to be left without a job needlessly.