Q: Did my employer breach my employee agreement by failing to give 30-day prior notice?
I'm a salaried, contract employee. My agreement was for four years, with an optional fifth year. That fifth year was at the sole discretion of the company and they would provide "30 days' prior written notice (e-mail sufficing)".
I received notice they would pick up that final year 12 days before the contract was set to expire.
Is that last year now void? Can I request a new agreement be drawn up? Do I become an at-will employee of I continue with the company (without signing anything new?). What options do I have here; they violated the agreement, correct?
Under the facts you described, you are free to reject their untimely notice and end the contract, or you can waive the timing issue and continue working at the end of the four years in twelve days.
If you want to negotiate a new contract, be sure to carefully and clearly document that your previous agreement ends in twelve days because you were not given the required 30 days prior notice.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.