Question

Schwartz, Inc. is looking to hire one of the many outstanding students from the Management 212 class. On January 1, 2021, Schwartz, Inc. and Johnny enter into an oral employment contract where Johnny will begin work after his graduation in May 2021. The contract calls for Johnny to begin work on June 1, 2021 and work until February 28, 2022. Prior to Johnny's graduation day, Schwartz changes his mind and tells Johnny he will not be working at Schwartz, Inc. Schwartz decides that he can get a graduate from an Austin-based school at half the salary. Is this contract voidable by Schwartz, Inc. and explain why or why not?

Answer 1

Answer:

Oral Employment Contract

We shall assume that Schwartz Inc. changed its mind some period before the May 2021 Johnny's graduation date.

We can argue that the contract is voidable by Schwartz because it was an oral contract.  The protections accorded a written contract are missing.  And the conditions for voiding the contract are not clearly enumerated as in a written contract.

The contract duration favors Johnny more than Schartz, Inc. because it is for a year and no more.

Therefore, since the employment contract is for a year, it is legally enforceable by Johnny.

Explanation:

But if Schwartz were to void the contract in May 2021 when no opportunity would be given to Johnny to enter into another contract immediately, we could conclude that to void the contract was unconscionable.  Contracts are not voidable with a change of mind, most especially if the other party would suffer some damages as result.  Contracts require legal reasons for voiding them.