Employment Lawyers Can Answer Your Employment Law Questions
Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification
If your employment contract states that it does not automatically renew,
the contract is void, and you are an at will employees, which means you can quit your job and be terminated at anytime, and for any reason, without notice.
An employment contract has to be signed by all parties to be invalid, so he cannot just renew it without your permission
are you a partner of a corporation?
If the language of the operating agreement or partnership agreement states that if you are not on an employment agreement or do not renew, it is possible they can claim you defaulted and you could lose your shares in the corporation
yes they can do it anytime,
What are the penalties for a default?
a renewal can be given anytime unless it is written that it cannot be given after a certain date,
no, since this is contract law, the language of the contract will be followed,
in terms of an argument you can argue the intent of the contract was that if a renewal was never issued to you, the employer is in default and you can resign,
You can also argue that since the contract is silent on this issue, it is not a default,
Yes, it may be worth it to use this as an argument to sue them,
typically the employer has to provide you a renewal prior to the expiration of the contract,
once the contract time is over, you are an at will employee, and can resign anytime,
it is up to a Judge to review the language of the contract, it is a strong argument,
In a case such as this, I would represent the client, but ask for a fee upfront,
I would have to review the entire operating agreement, and other documents,
You can do that,
what is the penalty for default,
I would consider hiring a local employment or contract attorney to send them a letter threatening a law suit, if they do not resolve the matter,
in most cases they will settle with you
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).