Answers Posted By Eugene Duran

Answer to RIF'd; rehired at lesser position/less pay; no chg in responsibilities

RIF

Judy:
The employer may have acted within its rights; however, in Colorado, the law of fraud is developing, and depending on what the employer knew and what it represented at the time the representation was made may constitute fraud. Please contact me if you would like a consultation. 303-984-9333

posted Mar 15, 2002 5:30 PM [EST]

Answer to Wrongful Termination

Wrongful Termination

In order to answer the question, I need to know if you were under an employment contract for a definite term. If not, you can be terminated for any reason or no reason at all. I would also need to know other aspects of you case, such as whether you are within a protected category such as age, sex, or race. I would suggest filing for unemployment compensation so that more facts can be obtained regarding the termination. If you have any other questions, you can call me. I am a Colorado lawyer.

posted Jan 30, 2002 1:12 PM [EST]

Answer to contracts, Pennsylvania

contract

I practice in Colorado, but generally speaking employment at will applies to contracts that are not for a definite term. Therefore, if your contract, within the other terms, is for a definite term, you will have to comply with the requirements for terminating the contract. However, I agree with the above advice to the extent that the contract should be reviewed and a determination be made as to whether there will be liquidated or specified damages if the contract is terminated in a manner not specified by its terms. You need to have the contract reviewed by a lawyer in the state where that state's law applies to this agreement.

posted Jan 18, 2002 1:20 PM [EST]

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