Employer not fulfilling termination clause
I was an at-will employee with an employment agreement that stated "The Company shall provide at least 3 months notice prior to termination unless it would be for cause or if the company were to experience a significant reduction in profitability in its regular operations."
I was terminated without notice or valid cause, and profitability remains strong.
Given there was no cause, could I successfully sue for at least 3 months severence?
Since a prospective recruit is more attractive while they are employed, could I successfully sue for significantly more than 3 months?
Answers (1)
Employer not fulfilling termination clause
This becomes a contract action and it sounds like you should have some success. The question becomes what will you get. I wouldn't call it severance so much as a settlement or a judgment. What we would want to do first is to contact the company and try to negotiate it before you file any lawsuit. That would be faster, cheaper, and would avoid any stigma that having sued a former employer might leave you.
Aaron Maduff
posted by Aaron Maduff | Aug 28, 2003 09:57 AM [EST]
This becomes a contract action and it sounds like you should have some success. The question becomes what will you get. I wouldn't call it severance so much as a settlement or a judgment. What we would want to do first is to contact the company and try to negotiate it before you file any lawsuit. That would be faster, cheaper, and would avoid any stigma that having sued a former employer might leave you.
Aaron Maduff
posted by Aaron Maduff | Aug 28, 2003 09:57 AM [EST]
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