Can I sue for breach of employment contract?
On the day of termination I was asked to sign a statement (which I did)that both parties had agreed that this was to be the last date of employment and that If I signed an agreement (which I did not) releasing the employer from all liabilities I would then get one month’s severance pay.Does signing the first statement now prevent me from suing for breach of contract? What are the remedies available to me?
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Tags: breach of contract, last date, liabilities, severance pay
June 7th, 2010 at 4:16 pm
I am not a lawyer. This does not constitute legal advice.
If you are in a right-to-work state (49 out of the 50 states are), you are SOL. This assumes that you didn’t have a separate employment agreement with your former employer.
Right-to-work means that you or your employer can terminate employment, at any time, for any reason or no reason. There is no agreement to employment of any length.
You cannot be fired for being over 40, of an ethnic minority or for your religious beliefs. You can be fired if your employer has someone lined up for your job at half of your wages, and you had two weeks left before you qualified for your pension.
June 7th, 2010 at 4:16 pm
Employment contracts are always one sided, that is favoring the employer. An employer has every right to terminate the service of an employee by giving sufficient notice as per the terms of employment.