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Ely
Ely, Counselor at Law
Category: Employment Law
Satisfied Customers: 101607
Experience:  Years of experience in running a medium sized law firm.
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I'm having trouble determining the language in an employment

Customer Question

I'm having trouble determining the language in an employment agreement.
Submitted: 10 months ago.
Category: Employment Law
Expert:  Ely replied 10 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

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This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 10 months ago.
I signed a document in April of 2013.
The document was entitled "offer for employment".
There were various provisions, specifically an initial 3 year term that automatically renews on the the date the agreement was entered into for an additional year.
Is this document entitled "offer for employment", it specifically refers to another document entitled "employee aggreement" that would be entered into between myself and the company prior to work commencing.
I never signed the employee Agreement. Am I currently under contract? I did sign the above referenced "offer for employment".
Customer: replied 10 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Ely replied 10 months ago.

Thank you for your reply.

Unless you and the company signed the agreement (or at least the company did), then there is no employment contract, arguably. Without the signatures, the parties are not under the contract and there is simply a free association of employment/contract which can be terminated at any time by either party.

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Customer: replied 10 months ago.
Just so I understand, both parties did sign the "offer for employment" and in that offer for employment it outlines a 3 year with 1 year rollover. It also refers to an employee aggreement which was never signed. But for for calrification, we did sign the "offer for employment".
Expert:  Ely replied 10 months ago.

I see. I'd need to actually see the Offer of Employment. Can you attach it to the question? The title itself is not enough to determine anything.

Customer: replied 10 months ago.
Attached
Expert:  Ely replied 10 months ago.

This is more of an offer and it is meant to establish the things in the middle large paragraph of page 2. However the actual "Employment Agreement" has not been signed.

So at this time, whatever Employment Agreement there is, it is not enforceable since no one signed it.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 10 months ago.
in your opinion I am currently free to leave whenever I want without penalty or injunction?
Expert:  Ely replied 10 months ago.

Unless someone in your situations actually signed that Employment Agreement, then based on what you have told me - yes.

However, it is always good to give reasonable notice prior to quitting, of course, even if not required.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Expert:  Ely replied 10 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or marked the question positively. I am simply touching base. Let me know. Thanks!