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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15047
Experience:  Employment/Labor Law Litigation
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termination

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hello I was working remotely for a company based in Las Vegas Nevada and was terminated recently. I did not get any notice or severance. My employment contract has the following clause in it(see below): My question is this, do they owe me 2 weeks notice? or can they just do what they did ? Am I entitled to 2 weeks pay? thanks! 3. Termination. Unless terminated as provided herein, this Agreement shall continue indefinitely. Either Contractor or Velluto may terminate this agreement without cause upon fourteen (14) days written notice. If Velluto terminates this agreement without cause, Velluto agrees to pay Contractor for all of Contractor’s Work performed up to the date of termination. Additionally, either Contractor or Velluto may terminate this Agreement for material breach, provided, however, that the terminating party has given the other party at least fourteen (14) days written notice of and opportunity to cure the breach. Termination for breach will not alter the terminating party’s right to exercise any other remedy for breach


 


P.S: I'd ideally like answers from an American lawyer.

Submitted: 8 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 8 months ago.
Thank you for your question today, I look forward to assisting you. I bring nearly 20 years of legal experience in various disciplines.

If they did not establish a material breach of the contract, then yes, the terms of that agreement suggest that a termination without cause would require two weeks notice and payment through that termination period.

Their decision to terminate without the two weeks notice forces them to either establish material cause for the breach (which they actually needed to give you time to cure that breach) or they need to pay out that two weeks notice.

You can sue them, but that may be difficult given your situation working remotely. That being said, you can hire a local attorney to send a demand letter to them from Nevada, so that you could get at least some of that money in settlement.
Customer: replied 8 months ago.

ok , before I approve the answer. I noticed that you operate in the UK. would this be the same everywhere ? and what about the part where they say


 


If Velluto terminates this agreement without cause, Velluto agrees to pay Contractor for all of Contractor’s Work performed up to the date of termination.


 


does that give them an out ? does it allow them to terminate me without the 2 weeks clause?

Expert:  Allen M., Esq. replied 8 months ago.
I don't operate in UK at all, so I'm not sure where you see that information. I am an American attorney and teach at an American law school.

Furthermore, I applied Nevada law to your question, as that is the law you identified relating to this matter.

I do not see the term that you've noted as giving them an out. Read in conjunction with the requirement to give two weeks notice for termination without cause, it suggests that you would be allowed to work your two weeks notice and receive pay for it.

Read the way that you are interpreting it, that would entirely contradict the requirement for two weeks notice and courts won't read a contract in that way. They'll look to harmonize the statements within the contract.
Customer: replied 8 months ago.

awesome thanks so much for the answer! I'll approve in a Jiffy, so that's what got me scratching my head all day. The fact hat one statement says they have to give 2 weeks notice and the other statement says they can just pay me until when they say so.


 


so you confirm that the two statements don't make sense together and the first one is the one that'll stand ? it's a 100k salary so 2 weeks is 4k that's why i'm keen on getting it back. And Just Answers is charging my card in Pounds which is why I assumed UK.

Expert:  Allen M., Esq. replied 8 months ago.
The two statements, read contradictory, don't make sense. Therefore, courts will read them together to harmonize them, because courts take the position that terms within a contract are supposed to have common meaning.

Yes, I saw that JA is charging you in pounds, but that is based on how you are financing the question. If you were not remote, it would be charging in dollars.

Take care.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15047
Experience: Employment/Labor Law Litigation
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