Employment Contract Laws
If an individual had an employment contract with an evergreen clause and a 90 day termination clause, is there a contract in effect or did it expire on the 91st day after the resignation?If you are still working for your current employer, there is still a contract in place. However, the real question would have to be, what are the terms to the contract?
By the company and yourself continuing to practice as usual, that in it could have renewed the contract. Behavior is a strong implicating factor and continuing as usual is a pretty good implication that you wish to remain in the employment of your employer. The same applies to your employer when he/she continued to accept your services as an employee. If you have worked under the new contract for a number of years, which is basically the same as the original contract; it would be true that both you and the employer have adopted the original contract as a new one and all of the terms within the contract still apply.
If an individual had an employment contract that states the individual will receive a performance review, and still has not received this, is there a reasonable cause to terminate the individual employment and receive California unemployment benefits?When a person quits their job, they are no longer eligible for unemployment unless they can show that the employer's actions caused the employee to quit. When using this reasoning, the employee must have substantial evidence that the wrong doing actually took place and that all other options were exhausted before the employee ended the working relationship.
When your employer failed to provide the performance review, he/she might have been in breach of contract. This may have given you reason to quit, however it would depend upon the circumstances. This may not be enough cause to allow you unemployment benefits. Normally, the unemployment office would require more cause to allow you unemployment benefits.
I signed an employment contract on Dec. 1 2008 for three years of service. The contract protected them because of a signing bonus they gave me. Can I get out of this contract without paying the signing bonus back?If the employer has already breached the contract, you could probably get out of having to repay the sign on bonus. You need to read your contract to see if there is a clause pertaining to the sign on bonus and what happens if the employer breaches the contract agreement.
It may be possible for you to receive everything that you would have received had your employer not breached the contract. This means you may receive wages, your sign on bonus, insurance, etc. However, you will be required to try and find employment which would lower the amount of damages you may receive. You should consider having an employment attorney review your contract before you leave the employment.
If an individual has an employment contract that states the employee must be terminated in writing, under the laws of New York will an email without specifically stating that the contract is being terminated hold up in a court of law?New York, along with every state in the United States acknowledges an email as writing. If the contract doesn't require the notice be signed by both people involved in the contract, New York courts will acknowledge the email. That is of course as long as the person sending the email states that they had sent the email and you agree that you received the email. In the event that you had not received the email, the court would have to decide whether or not the contract had been canceled.
Employment contracts provide the parties involved a direct and laid out plan for a working relationship. In many cases, contracts work without a flaw. However, there are some situations that require legal intervention to provide relief when a contract has been breached. If you have questions or doubts about an employment contract, you should ask an Expert for assistance.