March 14, 2023
Stephen H. Kaufman
Contracts frequently don’t match what is promised in phone conversations and emails. For example, prospective employees are often told that if they have a performance problem at work, per company policy, before being fired, they will be given notice of what they did wrong and a fair opportunity to fix the problem. Their contracts, however, permit immediate termination. Many people are unconcerned by such mismatches because they trust the person who gave them the contract. This is almost always a mistake. Memories fade. The person making the promise moves on to greener pastures. And, near the end of almost all contracts is an “integration clause“ which, in effect, says that when the contract is signed, all conversations, emails and promises made before the contract was signed legally disappear. Bottom line, if something is important to you, try to get it in your contract.