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John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5624
Experience:  Exclusively practice labor and employment law.
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I am a 1099 employee, with a contract that states" either party

Customer Question

I am a 1099 employee, with a contract that states" either party may terminate this agreement , for no reason, with a 30 day notice."
On 6/24 - I contacted my Inside Sales Manager to ask about the possibility of gaining territory adjacent to mine that was being vacated due to retirement of that Territory Rep.
No answer came
On 6/26 - The Company that I rep for sent me an email from their Careers Site ,with the opening of a position that "matches my qualifications"( their words ) which includes both my Territory and the Retired Rep's Territory,as a Company W2 employee position.
On 6/27- I applied
On 6/29 - The Inside Sales Manager called with the information that the company was going to consolidate the Territory and if I wanted to keep my job, I would need to apply for it.
MY Question is, Was my 30 day notice breached ?and are they in default ? Do I have any recourse?
Submitted: 2 years ago.
Category: Employment Law
Expert:  John replied 2 years ago.
Hi, thanks for submitting your question today. My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today.

When did they terminate your position for which you had the contract?
Customer: replied 2 years ago.

I was told until the position was filled to keep working the as usual, so the contract , I would assume, is still in effect.

By listing the Job on the Career Site, would that not show their intent ?

Expert:  John replied 2 years ago.
My opinion would be it is not breached because they gave you notice on 6/29. The contract doesn't state how they must give notice. Thus unless they terminate you before 7/29, they wouldn't be in breach. They have showed you their intent, yes, but that doesn't mean anything because the contract dictates that they'd tell you their intent with a 30 day notice. I don't see this as a breach at this point in time. They do for certain however have to keep you on until 7/29.

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