Broken employer agreement

I was recently laid off from a job i was at for about 5 months. At 3 months I was given a positive evaluation and a raise. I was "laid off" due to lack of work in the area recently while 2 newer employees (only 3 weeks or so) remain. I signed an employee/employer agreement stating that either party would give a 21 day written notice to the other but on Fri. 3/23 I was laid off effective immediately. Would a agreement like that be legal and worth pursuing? I would greatly appreciate any help you could give. Thank You!!!!!

2 answers  |  asked Mar 26, 2007 1:47 PM [EST]  |  applies to Pennsylvania

Answers (2)

Harold Goldner
The Contract is the Key

I can't imagine that any lawyer, no matter how competent, can provide you any assistance whatsoever without actually laying eyes on the contract to which you refer.

Do yourself a favor and contact an attorney, schedule an initial consultation, and find out what your rights are.

Asking someone to opine on what a contract 'means' without showing them the contract is like asking a doctor for medication without a physical examination!

posted by Harold Goldner  |  Mar 26, 2007 2:13 PM [EST]
Christopher Ezold
You may have a claim for breach of contract and nonpayment of wages.

Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.

That being said, you may have a claim for breach of contract and nonpayment of wages. The agreement to provide a mutual 21-day notice, if a valid agreement, obligates them to give you such notice, regardless of 'layoffs' or lack of work. Failure to give you notice and pay wages during that time period would give rise to a claim for nonpayment of wages, which carries a 25% penalty and awards you your attorneys' fees if you are successful.

Your claim(s) hinge on whether the agreement is valid; without reviewing the agreement, I cannot offer advice on it.

If you are in a protected class (over 40, female, etc.), you may also have a claim for discrimination if your employer decided to terminate you at least in part due to your protected class.

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.

/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585

posted by Christopher Ezold  |  Mar 26, 2007 2:12 PM [EST]

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