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MDLaw
MDLaw, Employment Lawyer
Category: Employment Law
Satisfied Customers: 6135
Experience:  Experienced attorney representing companies and individuals in employment law matters and litigation
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If my employer verbally terminates my employment, have i been

Resolved Question:

If my employer verbally terminates my employment, have i been legally released from my contract?
Submitted: 8 years ago.
Category: Employment Law
Expert:  MDLaw replied 8 years ago.

If you had an employment contract with your employer, you would need to check your employment contract and particularly, the termination section. If the termination section states that a verbal termination is sufficient, then yes. If the contract requires written notice, then a verbal notice would not be sufficient.

Customer: replied 8 years ago.
the contract does not specify whether the termination has to be written or verbal.
Expert:  MDLaw replied 8 years ago.
Does it say anything about termination at all?
Customer: replied 8 years ago.

when i was hired, i went through a training program and signed a contract saying that i had to work for 18 months upon completetion of my training, which was completed by june 1, 2008. In the contract, it says that if i were to be terminated before the 18 months, i would owe "x" amount of dollars. Recently my boss was upset with me over something and said that as of sunday may 24, she had fired me, but she decided to "rehire" me monday may 25, before i got in to work. Four other people were involved and were in the room and can attest to her exact words. So now, having been "rehired" and not having signed a new contract, am i legally out of the original contract?

Expert:  MDLaw replied 8 years ago.

You did not answer if the contract said anything about termination at all.

 

With the facts as you have presented them, if the 18 months are not up and the contract is silent as to termination, the employer could argue that you would owe them X amount of money if you were to quit. You, of course, could argue that because the contract is silent on termination, verbal termination on the 24th of May was sufficient. Because the contract is unclear, it would not be a black or white issue and would be something that would most probably be litigated if either you or your employer chose to pursue it.

 

This is what happens when contracts are not written well :)

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