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John, Attorney
Category: Legal
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Experience:  Licensed and practicing attorney.
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My question relates to an employee, hired under Contract as

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My question relates to an employee, hired under Contract as an Instructor at a reputable Training Facility. Classes lasted 2 weeks and the facility was located in another State some 350 miles one-way distance. The Company provided Mileage and lodging expenses for the
Employee who had some 12 years longevity with the same firm. The question has to do with
etiquette, fair play, etc. One day, the Manager decided that the Employee be required to
'Train' a new man, let him attend daily classes for experience. after which he would then be allowed to replace his Trainer - the Contract Instructor! At that time, of course, the Contracted employee would be without a job. The manager stated further that if the Contract Instructor didn't like the proposal, "he could just go home," which is what happened. That was the first day of that particular class and the Contract man actually did go home after completing the day's class. The facility had to cancel that class due to not having a qualified instructor. Does this appear ethical? Does the Contract Instructor have any options here? Keep in mind, the instructor had 12 yrs with the Company and never missed a class or experienced any other problems before.
Thanks, Mike
Hi, My name is XXXXX XXXXX I’m happy to assist you with your question today.

It would be crucial in this scenario to review the particular contract between contract trainer and employer. Specifically it would matter whether the contract was to last for any definite amount of time, whether training others was part of agreement, and whether either party had to give any amount of notice before terminating the agreement.

If training others was not part of the agreement, or giving some notice of termination or if the contract trainer was promised a position into the future, then the employer could be sued for breach of contract. But if there are no such clauses, in other words either party could terminate the agreement at any time for any reason, then there would be no such contractual violation(s) and no chance at recourse against the employer..

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, XXXXX XXXXX wish you all the best with this matter.

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