Pardalis & Nohavicka Employment Law Update: Locking Up Pay Rate With A Used Car Salesman Boss:
Can An Employer Be Bound To The Terms In An Ad For A Job?
Here was the ad, in part:
High volume used car dealership in Olean, NY is looking to hire an experienced finance manager… Job Type: Full Time, Salary: $90,000/year, Required Education: High School or equivalent
At trial, the dealership owner stated that he never intended to pay $90k and intended to pay minimum wage with a possibility of a commission. The employee worked for two weeks after the used car dealership tried to change the rate of pay from $90k. The Jamestown City Court held that “An advertisement of a salary of $90,000 is definite, explicit, and leaves nothing open for negotiation.” The employee was awarded pay for the two weeks worked at the $90k rate: $3,462, plus court costs.