- 19-Apr-2025
- Healthcare and Medical Malpractice
Verbal promises made by a manager or employer can sometimes impact the dynamics of an employment relationship, especially if the employee is later terminated. In some cases, verbal promises could play a role in determining whether a termination is wrongful. While verbal agreements are generally more challenging to enforce than written contracts, they can still carry weight in certain legal contexts, particularly if the promises made by the employer can be shown to influence the employee’s expectations or behavior.
Verbal promises are not the same as written contracts. However, they can still create certain expectations for employees about the conditions of their employment. For instance, if a manager verbally assures an employee that they will not be terminated without just cause or promises job security for a certain period, the employee might rely on these assurances.
If an employee is later terminated contrary to the verbal promises made by their manager, this could potentially be a factor in a wrongful termination claim. However, the legal enforceability of these promises depends on various factors, including whether the promises were clearly communicated and whether they can be substantiated by evidence.
In wrongful termination cases, employees may claim that they were fired in violation of an implied contract based on verbal promises. If a manager assured an employee of job security or promised that they would not be fired for specific reasons (such as performance), and the employee relied on those assurances, the employee may argue that the termination was unjust.
For example, if an employee is verbally told by their manager that their job is secure or that they would not be let go as long as they meet certain performance goals, and the employee is subsequently fired without cause, the employee might have a case for wrongful termination based on reliance on those verbal promises.
In some jurisdictions, the doctrine of promissory estoppel can be invoked in cases where an employee relies on a verbal promise made by their employer, even if the promise was not part of a formal written contract.
Promissory estoppel prevents an employer from breaking a promise if the employee relied on the promise to their detriment. In the case of wrongful termination, if an employee relied on a verbal promise from their manager (such as assurances of continued employment) and the employer later terminates them, this could potentially form the basis of a wrongful termination claim under the theory of promissory estoppel.
While verbal promises can have an impact, they are often difficult to prove in court. The lack of written documentation or witnesses makes it challenging to demonstrate that a promise was made or that the employee relied on it in good faith.
To strengthen their claim, an employee may need to provide corroborating evidence, such as emails, text messages, or witness testimony that supports their version of the events. Without this type of evidence, a verbal promise may not be sufficient to prove that the termination was wrongful.
In some cases, verbal promises may create an implied contract between the employee and employer. For instance, if a manager repeatedly assures an employee that they will have an opportunity to improve their performance before facing termination, this can create an expectation of progressive discipline (a process that allows an employee to correct performance issues before termination).
If an employee is then terminated without being given the chance to improve, and they can demonstrate that the termination violated the verbal promises made by the manager, they might have a case for wrongful termination based on an implied contract or an expectation of fair treatment.
In some jurisdictions, employment laws protect employees against unfair dismissal even in the absence of a formal written contract or verbal promises. For example, in the U.S., at-will employment typically allows employers to terminate employees at any time for any lawful reason. However, employees may still challenge wrongful termination if they believe the dismissal was based on discrimination, retaliation, or other illegal reasons, even if no verbal promise was made.
In other countries, employment contracts or labor laws may provide additional protections, making it more difficult for employers to terminate employees without following proper procedures. In such cases, verbal promises made by a manager may carry more weight, especially if they create a reasonable expectation of job security or fair treatment.
If the verbal promises made by the manager contradict the company’s written policies or employee handbook, the company may have a strong defense in a wrongful termination claim. For example, if the company’s written policy clearly states that all employees are at-will and may be terminated at any time, a verbal promise from a manager guaranteeing job security may not be legally binding.
In such cases, the employer could argue that the written policies supersede any informal verbal promises. However, this would depend on the specific circumstances, and courts may still consider whether the verbal promises were reasonable or led the employee to reasonably rely on them.
If an employee believes they were wrongfully terminated based on a verbal promise, they should start by documenting the details of the promise, including the date, circumstances, and anyone who may have witnessed the conversation.
Employees should also review their employment contract, employee handbook, and any other written communication that might support their claim. Seeking legal advice from an employment lawyer can also help determine whether the verbal promises made by a manager have any weight in the context of wrongful termination.
Jessica, a project manager, was verbally assured by her direct supervisor that her job was secure and that she would be given adequate time and support to meet performance goals. Despite meeting all of her goals, she was abruptly terminated without prior notice or any formal review. Jessica believes that her termination violated the promises made by her manager and that she relied on those promises in good faith. If she can prove that the verbal assurances were made and relied upon, she may have a case for wrongful termination.
Verbal promises from a manager can influence wrongful termination claims, especially if the employee relied on those promises to their detriment. While these promises are more difficult to enforce than written contracts, they can still be relevant in cases where the employee can demonstrate that they were misled or that the promises created a reasonable expectation of job security or fair treatment. Employees who believe they have been wrongfully terminated based on verbal promises should gather any available evidence and seek legal counsel to explore their options.
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