Editor agreed to terms over telephone but signed written deal with additional provisions
This instalment of You Make the Call looks at whether a written employment contract with additional stipulations superseded an oral contract agreed to earlier.
Krzysztof Rejdak, 37, was hired as an editor and creative director by The Fight Network (TFN), a digital television channel that broadcasts fights, in August 2005. At the time, Rejdak was working for a sport television network, where he had been for seven years.
On Aug. 3, 2005, Rejdak was interviewed for the position at TFN and edited a promotional tape as a test. The chief strategic officer (CSO) and director of programming and production were happy with his performance and the director called Rejdak on Aug. 5. They discussed his title, salary and start date. Rejdak claimed the director offered him the job during the call, while the director said he asked Rejdak to come in to discuss a contract.
On Aug. 8, Rejdak resigned his position at the network, who waived the notice and he immediately went to TFN’s offices to start work. The CSO said he was surprised to see him there so quickly, and later in the day he was given an employment contract, which included a three-month probationary period, health benefits and two weeks’ vacation, none of which had been discussed over the phone. The contract also stated it superseded “all prior discussions and agreements.” After reviewing it with the CSO and director, Rejdak took the contract home and returned it with his signature the next day.
TFN had a party on Friday, Oct. 21, 2005, to celebrate and promote the station, which had gone on the air one month earlier. Rejdak didn’t come to work the following Monday and TFN claimed he didn’t show up on the Tuesday, either. On Wednesday, Oct. 26, 2005, TFN fired Rejdak.
TFN said because Rejdak’s three-month probationary period outlined in the written contract wasn’t up yet, he wasn’t entitled to reasonable notice. Rejdak disagreed, saying he had agreed to an oral contract of employment over the phone on Aug. 5 which didn’t include a probationary period and he only signed the written contract because he had already quit his other job and had no choice.
