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Barrister
Barrister, Lawyer
Category: Employment Law
Satisfied Customers: 35864
Experience:  16 years practicing attorney
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I own a company in N.Y. My general manager (who is the

Customer Question

I own a company in N.Y. My general manager (who is the former owner ) is working on a 4year contract with 1 year remaining . He is relocating out of state in 1 year and reopening a similar business ,He is doing all his ground work while working on my dime ,his attention to this company is not on par and I've heard from some of my employees that he has offered them jobs out of state with him when he leaves .In addition he bad mouths my management style and decisions to my employees, Can I legally fire him? Will I have to payout his remaining contract even though I feel I have just cause ?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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What does your contract with him say about termination?

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Does it give you the right to do so for misconduct?

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Does it set out any specific grounds?

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thanks

Barrister

Customer: replied 1 year ago.
It states that the the contract is null and void if terminated prior to end of agreementIt does not state anything about conductIt only states job performance as a cause it's vague
Expert:  Barrister replied 1 year ago.

Ok, then if you can terminate for poor job performance, then slanderous and negative remarks about you and the company as well as undermining your decisions and other employees performance by recruiting them could be considered misconduct and poor job performance so as to give you cause to terminate.

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But the clause is a bit confusing about it being null and void if terminated because that sounds like if you or he terminated the contract it has no effect. So that doesn't sound like either of you are legally bound to it..

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If it doesn't state that he is entitled to a buy out of the contract if it is terminated, then I would opine that he is only entitled to be paid up until he was terminated and no further.

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thanks

Barrister

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