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Brandon M.
Brandon M., Counselor at Law
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Experience:  Attorney experienced in numerous areas of law.
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I signed a contract for temporary employment for 90 days.

Resolved Question:

I signed a contract for temporary employment for 90 days. employer terminated me 3 weeks in with no reason given. Can I bill them for the 9 weeks that they obligated me contractually? I turned down offers for interviews and employment because it never occurred to me that I could walk away from a 90 day contract, can they?

Submitted: 6 years ago.
Category: Legal
Expert:  Brandon M. replied 6 years ago.
Hello there:

This probably sounds like it is splitting hairs, but the distinction is important. I understand that there was "no reason given", but do you know why you were terminated anyway?
Customer: replied 6 years ago.


Previous to me being hired, the VP of Human Resources was the owner's right hand man. My evaluation of the company revealed improper activity on the part of HR, and was given in my assesment report to the owner. She subsequently read and printed my emails - took them out of context - and gave them to the owner stated that I was undermining him. I didn't not find this out until after I left. When they terminted me the owner told me, in the presence of the VP of HR, that I ruffled too many feathers.

Expert:  Brandon M. replied 6 years ago.
I few thoughts here.

First of all, a contract is a contact. It is binding on both sides. This is true even with employment contracts. When a contract is materially breached, the other side is entitled to compensation for the losses they incur as a result of the breach. If an employer breaches their employment contract, they generally owe the employee the wages lost as a result of the breach.

Secondly, I am very concerned by what appears to be a potentially retaliatory termination. It's not illegal to terminate someone for complaining about violations of internal procedures, but if an employee is punished for exposing activities that are illegal, it generally violates state and federal whistleblower laws. If this is what happened, you would do well to speak with an employment law attorney about representation.

Let me know if I may be of further assistance. Thanks.
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Customer: replied 6 years ago.

Mr. Meyer,

She was threatend by me. She had been the owner's right hand man for years. She was directing my direct reports (I was hired as Director of Operations) behind my back. Instructing them not to follow my direction. She was trouble from the beginning. She was pushing me to hire on full time - but I wanted 90 day (date before you marry) before moving my family across the country. The first weekend I came home she started her crap. The owner owns a $25M a year business but doesn't have a high school diploma. He trusts her as she's been with him since the beginning. She is the reason the business will never truly prosper.



Expert:  Brandon M. replied 6 years ago.
Yes, and that doesn't change my answer. South Carolina is an employment-at-will state, so for the most part an employer or employee may terminate the employment relationship at most any time and for most any reason. But there are exceptions, and those exceptions include where there is an employment contract and where the termination is retaliation for reporting illegal activity. Eliminating someone because they are a "threat" to one's position is not illegal unless it also violates an exception (as previously discussed).
Customer: replied 6 years ago.

Here is a copy of the contract:


February 28, 2011




We are pleased to offer you the temporary 90 day position of "Director of Operations" for XXXXXXX XXXX in XXXXX XXXX, SC. You will be reporting to the Chief Executive Officer. You will have process improvement, scheduling, planning, and operational responsibilities in this new role. We believe your previous experience and knowledge will add greatly to our team.


Salary $4,615.39 biweekly salary


Temporary Housing During this 90 day period, the Company will provide four round trip airfares for you to return to PHX approximately every three weeks during your temporary period, a company vehicle for your use while in XXXXX XXXX, and temporary housing in a one bedroom furnished apartment at XXX XXXX.


Immediate Benefits The following benefits will commence with the 1st day of employment.



We look forward to you joining the XXXX team on or before March 7, 2011. If you have any questions regarding the details in this letter, please feel free to call me.







Vice President of Human Resources



This employment offer remains in effect until March 1, 2011.


By signing this agreement you acknowledge and will abide by the following clauses.


Confidential Information. XXXXXX and XXXXXX XXXXXX agree that during the period of employment or any time thereafter, XXXXXXX will not divulge to any person, firm, or corporation, any information he may receive from XXXXXX XXXXX including but not limited to prices, pricing practices, costing procedures, quality control procedures, business practices, names of customers or potential customers, financial information, production methods and schedules, or commission schedules all of which XXXXX XXXXX considers confidential information.


Attached Confidential and Proprietary Information Policy.


I agree to the conditions detailed in this employment offer letter.


Accepted this _________________________day of ______________________, 2011.




Associate's Signature

Expert:  Brandon M. replied 6 years ago.
Thank you, XXXXX XXXXX you clarify your new question?
Customer: replied 6 years ago.

please ignore