With almost 3 million people actively working in Arizona, it is safe to assume that most of these workers went through a hiring process when obtaining their job.<\/p>\n
For most Arizonans the job search was not quick and easy, as it is often a mentally intense process that is filled with uncertainty, doubt, and fear up until they receive a job offer. For some individuals, the acceptance of a job offer involved a written contract laying out their pay and business specific stipulations, but for many others their job offer and acceptance were verbal and included nothing in writing which may affect their job security.<\/p>\n
Employees need to protect themselves and their jobs by knowing the following:<\/p>\n
A verbal contract is exactly what it sounds like, it is a verbal agreement for an exchange of goods or services between the two parties. The agreement for the exchange of goods or services between parties is legally referred to by the latin phrase quid pro quo<\/i> which translates to \u201csomething for something\u201d and is the defining characteristic of a contract.<\/p>\n
In employment law<\/a>, a contract consists of an offer from an employer which can either be written or verbal, and then the written or verbal acceptance of the offer by the future employee. Once this offer and acceptance of a job has occurred, the employer and employee have entered into either a verbal or written contract, and this contract can affect the logistics and duration of time for which an employee can work for the employer.<\/p>\n Arizona is an at will state, and follows the guidance of A.R.S. 23-1501<\/a> which states: \u201cemployment relationship is severable at the pleasure of either the employee or the employer unless both the employee and the employer have signed a written contract to the contrary setting forth that the employment relationship shall remain in effect for a specified duration of time or otherwise expressly restricting the right of either party to terminate the employment relationship.\u201d<\/p>\n A.R.S. 23-1501 states that a written contract may prevent an early termination or the ability of an employee to quit, but it does not mention whether or not a verbal contract can prevent these things. For a verbal contract to prevent an early termination or an employee from quitting, a verbal contract needs to be considered legally binding.<\/p>\n Most Arizonans employment originates from a verbal offer where the person interviewing them offers them a job which was followed by their verbal acceptance. This verbal offer from an employer and the subsequent acceptance of the job by the employee is considered to be a legal verbal contract that allows for an employee and employer to work together.<\/p>\n Even though a verbal contract can be considered to be a valid contract if the right criteria<\/a> are met, Arizona\u2019s at will statute for employment requires a written contract to prevent an \u201cat will\u201d firing or resignation. This means that even though a verbal contract can be considered contract, it is not considered to be legally binding and it isn\u2019t sufficient enough to prevent an employee from being fired or quitting.<\/p>\n For a written contract to be considered \u201clegally binding\u201d in the state of Arizona, the contract must fall into one of the following categories:<\/p>\n If the written contract does not have any of the above criteria, it is not a binding contract in Arizona.<\/p>\n For a contract to be legally binding in Arizona, the contract must involve the following criteria: an offer, acceptance, and consideration, even though the word \u201cconsideration<\/a>\u201d (which means value) was not mentioned earlier when describing quid pro quo.<\/i><\/p>\n An example of a legally binding employment contract<\/a> would include the following: an offer for a job with the determined salary by the employer, and the acceptance of the job by the employee. With the offer, consideration in the form of the job and salary and then the acceptance of the offer, this and all agreements with the same criteria are legally binding.<\/p>\n A verbal contract is not binding in Arizona when it involves employment.<\/p>\n Verbal agreements can be considered legal contracts and will stand up in court so long as they do not fall under the statute of frauds A.R.S. Section 44-101<\/a>.<\/p>\n A verbal contract is not legally binding.<\/p>\n A verbal contract consists of an offer and acceptance of goods or services by at least two individuals or parties.<\/p>\n A contract is legally binding in Arizona if it involves an offer, acceptance of the offer, and \u201cconsideration\u201d \u2014 which means value can be money or labor.<\/p>\n If you believe you have been wrongly terminated and that your employer is in breach of contract<\/a>, an experienced employment law attorney<\/a> can assist you in ensuring that your employer acts in accordance with the law.<\/p>\nWhether or Not Verbal Contracts are Binding<\/h2>\n
Criteria For a Binding Written Contract<\/h2>\n
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Criteria For a Legally Binding Contract in Arizona<\/h2>\n
FAQ about Verbal Contracts in Arizona:<\/h2>\n
Q: Is a verbal contract binding in Arizona?<\/h3>\n
Q: Do verbal agreements stand up in court?<\/h3>\n
Q:Is a verbal employment contract legally binding?<\/h3>\n
Q: What is needed for a verbal contract?<\/h3>\n
Q:\u00a0 <\/span>What makes a contract legally binding?<\/h3>\n
What to Do If You Need Help With Contracts in Arizona<\/h2>\n