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Ask wallstreetfighter Your Own Question
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17235
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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If I have an employment agreement that expired in march 2013

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If I have an employment agreement that expired in march 2013 and has no renewal terms can my employeer make sign a renewal? Or does this mean I no longer have an employment agreement

wallstreetfighter :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification

wallstreetfighter :

If your employment contract states that it does not automatically renew,

wallstreetfighter :

the contract is void, and you are an at will employees, which means you can quit your job and be terminated at anytime, and for any reason, without notice.

wallstreetfighter :

An employment contract has to be signed by all parties to be invalid, so he cannot just renew it without your permission

Customer: Ok this is tied to an operating agreement that if I have an employment agreement or refuse to renew my employment agreement than I default ony operating agreement. If I turn in my notice can they come back and offer me the renewal to make me default on the operating agreement?
wallstreetfighter :

are you a partner of a corporation?

Customer: I am a partner in a physical therapy clinic. I am a minority owner.
wallstreetfighter :

If the language of the operating agreement or partnership agreement states that if you are not on an employment agreement or do not renew, it is possible they can claim you defaulted and you could lose your shares in the corporation

Customer: Operating agreement states if you default your employment agreement or fail to renew such agreement you are under default. They have not offered me a renewal at this point so can they still do that after I dated a resignation letter
wallstreetfighter :

yes they can do it anytime,

wallstreetfighter :

What are the penalties for a default?

Customer: How is that possible if it has termed?
wallstreetfighter :

a renewal can be given anytime unless it is written that it cannot be given after a certain date,

Customer: Does that vary state to state? Is there no argument that it was given after the fact I resigned?
wallstreetfighter :

no, since this is contract law, the language of the contract will be followed,

Customer: Penalties are thy will only pay capital account balance for the shares
wallstreetfighter :

in terms of an argument you can argue the intent of the contract was that if a renewal was never issued to you, the employer is in default and you can resign,

wallstreetfighter :

You can also argue that since the contract is silent on this issue, it is not a default,

Customer: That is what I think but is that a good argument. From my stand point they failed to keep up with their own agreements to offer me a renewal
wallstreetfighter :

Yes, it may be worth it to use this as an argument to sue them,

wallstreetfighter :

typically the employer has to provide you a renewal prior to the expiration of the contract,

wallstreetfighter :

once the contract time is over, you are an at will employee, and can resign anytime,

Customer: Will it stand? To me this makes no sense because I am not under am employment agreement and they failed to see that so how can they come back and finally do that after the fact I wanted to resign.
wallstreetfighter :

it is up to a Judge to review the language of the contract, it is a strong argument,

Customer: If I was coming to you would you represent me knowing the basics that I told you?
wallstreetfighter :

In a case such as this, I would represent the client, but ask for a fee upfront,

wallstreetfighter :

I would have to review the entire operating agreement, and other documents,

Customer: Plus the reason I am leaving is because I am move to a different state and they have no clinics in that area and I don't want to open another location with them
Customer: My wife wants to return to her family and she is unhappy in our current location
wallstreetfighter :

You can do that,

wallstreetfighter :

what is the penalty for default,

Customer: I only can sale to the other members and only what my captial account balance is
wallstreetfighter :

I would consider hiring a local employment or contract attorney to send them a letter threatening a law suit, if they do not resolve the matter,

wallstreetfighter :

in most cases they will settle with you

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