Quote:
Originally Posted by trularin
I think I posted it on the other thread I started. So, yes Red, there is a contract. There is a little clause in it that says Kelly can change whatever they want ( basically ).
When I was signing it, I asked what the point of having the contract was if they can change it at will. They gave me some song and dance saying it was their standard paperwork.
It got down to sign the all the papers the way they were or do not take the job. Hey, the pay was good going in.
I have never had something like this happen to me before.
I was totally surprised by this.
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I asked the question in my previous post before I found another thread started by you on the same subject in All Cobra Talk, which I now merged into the Lounge thread. I'm pretty sure you understand why posting threads in several locations is not something favored by those of us who have to manage this place, so we'll leave it at that.
You received advice about filing liens or conjuring up "spirits" of the contract...and to seek advice of a labor attorney. Well, as to the last bit of advice, no need to pay for it. I quoted this post by you since it answers the question.
The parol evidence rule prevents the introduction of extrinsic evidence which conflicts with the precise terms of any contract. Exceptions are made if a term is vague or ambiguous. Here, you seem to argue that assurances were given to you about the rate, and later that the provision allowing them to change the rate would not be used.
Now, you say the provision "basically" says they can change the rate whenever they want. Are there triggers or any conditions that must occur before they can change it, or is it as you say..."whenever they want?" If so, what is the precise language?
If the latter, you say you saw it, you asked them about it, and regardless of whatever they said...you signed it.
Really unfortunate, but it is what it is.
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