SCENARIO: A company needs help for a special project & enters into a contract with Mary to complete it. Just as the project is wrapping up, a new need arises for her services and she is asked to continue with the company. The supervisor begins working more closely with Mary and requires her to use company materials and equipment while adhering to company work schedules. After two years, economic conditions force the company to make budget cuts and Mary is asked to leave.
30 days later, a major contract is acquired by the company, which reinstates the need for Mary’s services. However, the supervisor chooses to hire his equally-qualified cousin and not offer Mary the opportunity to return.
Was her termination legal under employee-at-will? Has there been a breach of implied contract or good faith?
2006-07-18 16:49:28 · 9 answers · asked by jennadionn 2 in Politics & Government ➔ Law & Ethics
I guess first question is, was she employed, or contracted, two different things. If she was contracted, the company in question is totally well within their rights to terminate the contract when ever and for whatever reasons. If the company is having financial issues a termination of contract would not only be legal, but would be in the best interest of both parties, as the contractee (the company) can't afford the help, and the contractor (Mary) won't be getting paid and should find a contract which will pay. As for employment at will now that all depends on the state you are in, and how they look at situations like this. More than likely, if a company is not seeing enough foreseeable income to pay for a service they can eliminate, I would figure most companies would be justified in their termination of a position. I would however consult an employment attorney in your local area to find out what the ramifications are or could be for something like this.
2006-07-18 16:58:26 · answer #1 · answered by asmul8ed 5 · 3⤊ 0⤋
From my understanding in Oklahoma, if a company has guidelines to terminate someone, like being late or absence alot, then the At Will law nolonger applies.
2006-07-18 18:24:54 · answer #2 · answered by Alan E 1 · 0⤊ 0⤋
Provided that the contract is expired, I would suggest at will employment would qualify here ... whereas, the termination was legal.
2006-07-18 18:38:45 · answer #3 · answered by Angela B 4 · 0⤊ 0⤋
Unfortunately the terminology of "at will" referrs more to the company's will than to the will of employees to work.
2006-07-18 17:34:53 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Provided the contract time is up, it is legal. Bummer, but legal.
Much Love!!
2006-07-18 16:53:57 · answer #5 · answered by Anonymous · 0⤊ 0⤋
at will employment means just that, at will. either you can terminate your contract at anytime with no penalty or the employer, for any reason (that what sucks about living in michigan).
2006-07-18 16:55:11 · answer #6 · answered by polar_buur 4 · 0⤊ 0⤋
I don't know but it sounds like something I would want to run by a lawyer.
2006-07-19 00:58:48 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Unfortunately, if it's an "At Will" state, then it's legal.
2006-07-18 16:54:03 · answer #8 · answered by Angie P. 6 · 0⤊ 0⤋
no it was not
2006-07-18 18:00:32 · answer #9 · answered by Anonymous · 0⤊ 0⤋