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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 27127
Experience:  16 yrs. of trial experience
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I am a physician, I received a letter of termination in February of 2011. The letter liste

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I am a physician, I received a letter of termination in February of 2011. The letter listed my last day of employment as May 10. I have continued to work with same group up until the present. My question is in regards XXXXX XXXXX contractual obligations pertaining to the original contract having worked past employment date outlined in the termination letter. Am I still under contract despite never having signed a new contract after receiving letter of termination or am I a "day to day" employee?
Submitted: 2 years ago.
Category: Legal
Expert:  P. Simmons replied 2 years ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

Great question...but tell me, PRIOR to this letter of termination, did you have a contract with the employer? And did the contract specify means to terminate the contract?
Customer: replied 2 years ago.
Yes, I did have a contract. Contract stated I could be terminated without cause. I was given a 90 notice.
Expert:  P. Simmons replied 2 years ago.
Thanks

That is interesting that you have a contract that, in effect, is an "at will" contract.

KS is an "at will" state for employment law matters. As an "at will" employee, the employer can fire you for no reason at all. Or they can fire you for "cause" (if you do something in violation of company policy or the law). The one thing that they can not do is fire for a "bad reason".

That said, if they terminated your contract, but continue to allow you to work? In effect you remain "at will"

This is really very similar to a case where a landlord and tenant have a lease and at the end of the lease, neither party does anything...the tenant continues to pay and the landlord accepts the rent.

Your case is similar to that...since you continue (for over a month) to work, the landlord is obliged to pay.

So you are truly now an "at will" employee.

You can be terminated at any time, for any reason...but interestingly, you can not now be terminated for a "bad reason". A bad reason would be if they fired you based on your race, your gender, your religion, your age (if your over 40), disability, or marital status.

But to answer the question, yes...you can be terminated at will, with no notice.


Customer: replied 2 years ago.
Thank you, XXXXX XXXXX am more concerned about my responsiblities. In essence, do I have to provide employer with a 60 day notice and am I still subject to mandatory call which is not in the contract, but at the employers whim?
Expert:  P. Simmons replied 2 years ago.
ahh...I did not get that piece from your question.

So your contract required you to give notice as well? And this was, I assume, a 60 day notice?

But frankly the answer is not important...since you are now? at will.

The contract is over...but it remains 'at will'

So you are no longer bound by the contract except to the extent you continue to comply.

So you can quit tomorrow. Or refuse to take a call today. No issue. Of course, they can file you if you do...but they have already.

To answer the question, since you are still working for them, the general principals of the underlying contract apply (duties performed in exchange for consideration (money))

But since the relationship is now truly "at will" either side can end at any time.

So to answer the question, do you have to give notice? No. No longer. You are now an at will employee.


Customer: replied 2 years ago.
Awesome! Thank you so much for your help.
Expert:  P. Simmons replied 2 years ago.
Welcome.

Please let me know if you have more questions, if not please accept / rate the question so I get credit for my work.
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 27127
Experience: 16 yrs. of trial experience
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P. Simmons
P. Simmons
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16 yrs. of trial experience