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Hired an employee with language in contract that we are

questioning validity since he was...
Hired an employee with language in contract that we are questioning validity since he was let go because of performance. Language in quotes is what was added to contract
"Should Company decide to terminate your engagement prematurely due to matters of which you have no control over, Bravo LT will continue to offer full salary and benefits for a minimum of 30 days, post-contract termination."Does the our company need to honor since he was terminated for performance issues?
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Answered in 7 minutes by:
1/27/2017
LawTalk
LawTalk, Attorney
Category: Legal
Satisfied Customers: 37,876
Experience: I am a practicing attorney with more than 3 decades of experience in the legal field.
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Good afternoon Yvonne,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. I have been a licensed attorney for more than 3 decades and I handle employment law issues.

The language in the agreement clearly means that for the salary and benefits to be applicable, the employee must be let go for reasons beyond their control---based on issues such as a work slowdown, downsizing or a decision to let the employee go for any reason not including fault of the employee. Where the decision for termination is based on a fault of the employee---such as violation of safety rules, poor performance or violation of company rules, the employee will not be entitled to the benefit of continuing salary and benefits.

In conclusion, because this employee is being let go for performance issues---and these issues are specifically within the ability of the employee to control, this employee is not entitled to the 30 days or more of pay and benefits.

You may reply to me using the Reply link and I will be happy to continue to assist you until I can address your concerns, to your satisfaction.

Please remember to rate my service to you so that I can be compensated for helping you. There is no cost to you related to your rating my service to you. Thank you in advance.

I wish you and yours well in the New Year,

Doug

LawTalk
LawTalk, Attorney
Category: Legal
Satisfied Customers: 37,876
Experience: I am a practicing attorney with more than 3 decades of experience in the legal field.
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Customer reply replied 1 year ago
Thank you for the advice.

Thank you for your positive rating of my service. It has been my pleasure to assist you and I hope that you will ask for me on JustAnswer should a future need ever arise. I am generally available at least 6 days a week, and often 7, and it would be my privilege to assist you again in the future.

I welcome you to request my assistance in any future legal questions you may have, by simply asking for me by name, Doug, in the first sentence of your new question.

Thanks again.

Doug

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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