So I have been working under contract with a firm that just terminated me on the basis of my department is being eliminated from the company. My contract isn't up for another year!
Does the fact that my department will no longer exist mean the company has no obligation to honor the length specified in our contract?
Any help would be awesome! thanks!
2007-10-22 15:45:11 · 5 answers · asked by etp543 2 in Politics & Government ➔ Law & Ethics
You are either an at-will employee, contracted employee or working under contract. If you have a Contract, read your Contract and pay attention to the ways in which the Contract can be terminated. Unless there is some type of discrimination - your employment contract or union contract will be binding.
2007-10-22 15:53:09 · answer #1 · answered by Dina K 5 · 0⤊ 0⤋
I suggest that you read your contract carefully. I'm sure it contains the terms and conditions in which your employment may be terminated prior to the end of the contract. If your firm eliminates your department and creates a new department that will essentially perform the same functions, you might have a case. If not, you may be entitled to some form of separation pay since you are being terminated not because of any fault of yours.
2007-10-22 23:06:29 · answer #2 · answered by boybaguio 2 · 1⤊ 0⤋
Since you are a contractual employee, the company is at liberty to terminate your services for valid cause. It's management prerogative. The fact that your department is being abolished falls under the category of authorized cause for termination of employee services unless there is bad faith on the part of the employer, such as removing a department to get rid of certain employees to circumvent labor laws.
But I strongly suggest that you ask to be paid the salary due you for the remainder of the unfinished contract. Remember that your contract is not finished yet, and the company has bound itself to hire you during the entire length of the period specifically indicated in the contract. Your employer can exercise its right to terminate your services anytime during the contract but it should also honor its commitment to pay you for the full duration of your employment with them.
If the abolition of the department is due to business reverses, then you can compromise with the company for an equitable reduction of the payment you should get for the remainder.
Still, on grounds of equity, you deserve the full payment of your contract considering that your termination is through no fault of yours but purely management's decision.
2007-10-23 02:04:34 · answer #3 · answered by the asthmatic assassin 2 · 0⤊ 0⤋
if there is something in the contract that says that they can cancel the contract for that reason. and if it isn't i sure hope they are going to compensate you for the rest of the contract. a least expensive way would be for them to just find you another department to work in. Have you asked them about the terms of your contract, and what their plans were for you?
2007-10-26 22:30:09 · answer #4 · answered by sexijlp 3 · 0⤊ 0⤋
Is there something in the contract you signed that would allow them to do this? You'll have to read the contract, or have a lawyer read the contract.
2007-10-22 22:50:27 · answer #5 · answered by Dan H 7 · 0⤊ 0⤋