Can Interview Notes be interpreted as a binding Contract?
During a recent job interview, a candidate for a sales manager position, inquired about the possibility of a three year employment contract. The candidate took careful notes of the ensuing conversation with the human resource manager, including descriptions of the salary and employee benefits package. After he accepted the job, he wrote “three year contract” across the notes and handed them to the human resource manager, who signed and returned the notes to the candidate. A year later the employee was fired for poor job performance. He sued, claiming his notes, signed by the HR manager constituted a guarantee of employment for three years. A court later determined that the signed notes did create a legal employment contract.
Even oral promises made by interviewing supervisors can be enforced as legal contract agreements, especially if employees have something in writing to back them up. Managers should NEVER sign anything an applicant or employee hands them without prior review and approval of the Human Resource Department. Hiring managers should NEVER make notes on an employment application or resume. Those notes just may come back to haunt you later!