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My husband has an employment agreement in the state of Florida (palm beach county) and in the agreement it states:Section 3. Term of Employment. The term of this Agreement shall be for a period of one (1) year commencing the first day of January 2008 and terminating the last day of December 2008, subject, however, to prior termination as hereinafter provided. As the expiration date, this Agreement shall be considered renewed for regular periods of one (1) year, provided neither party submits a notice of termination. In addition, this Agreement will be terminated automatically upon Employee’s death or if Employee, by reason of accident, sickness or disability, is unable to perform full-time Employee’s duties under this Agreement. This Agreement may be terminated by either party at any time, with or without cause, upon thirty (30) days written notice to the other party.Does this mean that he has to give 30 days notice when he resigns or can he give 1 - 2 weeks notice? Does this section refer to the written "Agreement" he signed? Also, what if he doesn't give 30 days notice, can he be sued?
Optional Information: Country relating to Question: United States State (if USA): Florida Already Tried: we have been to an employment attorney, but question has not been addressed.
It requires 30 days notice and yes, that section appears to be referring to the agreement that he signed.Under that contract if he quits without giving 30 days notice he could be sued, although they would still have to prove their damages, if they had any.We work for Positive Ratings, please click on Great Service, Informative and Helpful, or one of the Smile Faces, as this would be appreciated. Please bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.PLEASE DO NOT use the rating system to ask for more information or in an attempt to tell the website that you didn’t like the substance of the answer as it gives a NEGATIVE rating if you answer either “Helped a Little” or “I Expected More”.
If he gives a 30 day notice, it says in the contract:Upon termination of employment, whether by Employer or Employee, Employee shall only be entitled to the compensation accrued but unpaid as of the date of such termination less all amounts due Employer, if any. Termination by Employer or Employee, shall not affect or terminate Employee’s obligations set forth below in this section and in Section 5, 6, 7 and 8 of this Agreement, all of which shall survive termination of Employee’s employment with Employer.So, if his employer did not pay him the time he worked during the 30 days, would that be a breach of contract, and would it void out the agreement?The way the first section read to me was that "the agreement" would be terminated with a 30 day written notice, but it didn't state that to resign he had to give a 30 day notice. Can you please explain?Thank you!
Yes, if the employer is not paying him then they breached the contract first and he could leave without worrying about them suing him.You wrote "The way the first section read to me was that "the agreement" would be terminated with a 30 day written notice, but it didn't state that to resign he had to give a 30 day notice. Can you please explain?"Sure, the key language is the part where it says the agreement automatically renews unless a 30 day notice is given by "either party" and then can be terminated by "either party" upon giving a 30 day notice. The ONLY reading of this in a legal sense is that each side has to give 30 days notice to terminate the contract/agreement, one exception being if the other side didn't pay him like they were supposed to. The reason they couldn't complain then is that they have what is known as "unclean hands".We work for Positive Ratings, please click on Great Service, Informative and Helpful, or one of the Smile Faces, as this would be appreciated. Please bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.PLEASE DO NOT use the rating system to ask for more information or in an attempt to tell the website that you didn’t like the substance of the answer as it gives a NEGATIVE rating if you answer either “Helped a Little” or “I Expected More”.
SO if he gives notice on June 27th, 30 days would be July 27th - his last day... and that is when he is supposed to receive his paycheck. What would happen if his employer did not give him his paycheck on the last day of work? And by breaching the contract, does that mean that the agreement is unenforceable and that he wouldn't have to comply with the geographical (being outside of an 80 mile radius) and time (2 years) restrictions?
If his employer didn't give him his paycheck he could file a complaint with the Department of Labor or hire an attorney and sue them.If the employer didn't pay him on time then they couldn't make hum comply with the non-compete agreement, again for the "unclean hands" reason.We work for Positive Ratings, please click on Great Service, Informative and Helpful, or one of the Smile Faces, as this would be appreciated. Please bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.PLEASE DO NOT use the rating system to ask for more information or in an attempt to tell the website that you didn’t like the substance of the answer as it gives a NEGATIVE rating if you answer either “Helped a Little” or “I Expected More”.
Experience: Began practicing law in 1992