Does an employment agreement with a fixed term negate employment
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Does an employment agreement with a fixed term negate employment
I have an employment agreement with a 1 year term. At the 6 month point, my employer desires to release me for a reason other than for cause, which is supposed to only take place during a renewal period with notice at the end of the year. There is not an at will employment clause in the agreement. Can they legally terminate me without meeting the full financial obligation of the agreement?
Asked on October 10, 2018 under Employment Labor Law, Kentucky
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
A contract does negate "employment at will" so long as the contract does not itself state that notwithstanding the contract, employment remains employment at will (or something to that effect). Without some language in the contract preserving the employer's right to terminate you like this, if they fire you in violation of the contract's terms, they are in breach of contract and you could sue them for compensation (such as the pay you'd earn during the time they should have been, per the contract, obligated to retain you).
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.