How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Brandon M. Your Own Question

Brandon M.
Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12201
Experience:  Attorney experienced in numerous areas of law.
Type Your Legal Question Here...
Brandon M. is online now
A new question is answered every 9 seconds

I signed a contract for temporary employment for 90 days.

Resolved Question:

I signed a contract for temporary employment for 90 days. employer terminated me 3 weeks in with no reason given. Can I bill them for the 9 weeks that they obligated me contractually? I turned down offers for interviews and employment because it never occurred to me that I could walk away from a 90 day contract, can they?

Marti
Submitted: 3 years ago.
Category: Legal
Expert:  Brandon M. replied 3 years ago.
Hello there:

This probably sounds like it is splitting hairs, but the distinction is important. I understand that there was "no reason given", but do you know why you were terminated anyway?
Customer: replied 3 years ago.

 

Previous to me being hired, the VP of Human Resources was the owner's right hand man. My evaluation of the company revealed improper activity on the part of HR, and was given in my assesment report to the owner. She subsequently read and printed my emails - took them out of context - and gave them to the owner stated that I was undermining him. I didn't not find this out until after I left. When they terminted me the owner told me, in the presence of the VP of HR, that I ruffled too many feathers.

Expert:  Brandon M. replied 3 years ago.
I few thoughts here.

First of all, a contract is a contact. It is binding on both sides. This is true even with employment contracts. When a contract is materially breached, the other side is entitled to compensation for the losses they incur as a result of the breach. If an employer breaches their employment contract, they generally owe the employee the wages lost as a result of the breach.

Secondly, I am very concerned by what appears to be a potentially retaliatory termination. It's not illegal to terminate someone for complaining about violations of internal procedures, but if an employee is punished for exposing activities that are illegal, it generally violates state and federal whistleblower laws. If this is what happened, you would do well to speak with an employment law attorney about representation.

Let me know if I may be of further assistance. Thanks.
Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12201
Experience: Attorney experienced in numerous areas of law.
Brandon M. and 15 other Legal Specialists are ready to help you
Customer: replied 3 years ago.

Mr. Meyer,

She was threatend by me. She had been the owner's right hand man for years. She was directing my direct reports (I was hired as Director of Operations) behind my back. Instructing them not to follow my direction. She was trouble from the beginning. She was pushing me to hire on full time - but I wanted 90 day (date before you marry) before moving my family across the country. The first weekend I came home she started her crap. The owner owns a $25M a year business but doesn't have a high school diploma. He trusts her as she's been with him since the beginning. She is the reason the business will never truly prosper.

 

 

Expert:  Brandon M. replied 3 years ago.
Yes, and that doesn't change my answer. South Carolina is an employment-at-will state, so for the most part an employer or employee may terminate the employment relationship at most any time and for most any reason. But there are exceptions, and those exceptions include where there is an employment contract and where the termination is retaliation for reporting illegal activity. Eliminating someone because they are a "threat" to one's position is not illegal unless it also violates an exception (as previously discussed).
Customer: replied 3 years ago.

Here is a copy of the contract:

 

February 28, 2011

 

Dear Mrs. XXXXX "XXXX" XXXX:

 

We are pleased to offer you the temporary 90 day position of "Director of Operations" for XXXXXXX XXXX in XXXXX XXXX, SC. You will be reporting to the Chief Executive Officer. You will have process improvement, scheduling, planning, and operational responsibilities in this new role. We believe your previous experience and knowledge will add greatly to our team.

 

Salary $4,615.39 biweekly salary

 

Temporary Housing During this 90 day period, the Company will provide four round trip airfares for you to return to PHX approximately every three weeks during your temporary period, a company vehicle for your use while in XXXXX XXXX, and temporary housing in a one bedroom furnished apartment at XXX XXXX.

 

Immediate Benefits The following benefits will commence with the 1st day of employment.

 

 

We look forward to you joining the XXXX team on or before March 7, 2011. If you have any questions regarding the details in this letter, please feel free to call me.

 

Sincerely,

 

XXXXX XXXX

 

XXXXX XXX, PHR

Vice President of Human Resources

XXXXXXX XXXXX LLC

 

This employment offer remains in effect until March 1, 2011.

 

By signing this agreement you acknowledge and will abide by the following clauses.

 

Confidential Information. XXXXXX and XXXXXX XXXXXX agree that during the period of employment or any time thereafter, XXXXXXX will not divulge to any person, firm, or corporation, any information he may receive from XXXXXX XXXXX including but not limited to prices, pricing practices, costing procedures, quality control procedures, business practices, names of customers or potential customers, financial information, production methods and schedules, or commission schedules all of which XXXXX XXXXX considers confidential information.

 

Attached Confidential and Proprietary Information Policy.

 

I agree to the conditions detailed in this employment offer letter.

 

Accepted this _________________________day of ______________________, 2011.

 

 

___________________________

Associate's Signature

Expert:  Brandon M. replied 3 years ago.
Thank you, XXXXX XXXXX you clarify your new question?
Customer: replied 3 years ago.

please ignore

 

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8201
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8201
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19419
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8122
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2131
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    83
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    30758
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15340
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.