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Advanaced 60 day written notice per contract.

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Whatsmyright

Junior Member
What is the name of your state (only U.S. law)? Massachusetts

Hello, First off I'm not an "employee" of the company but rather an independent worker who basically works under the foster care rules for mentally handicapped individuals. From my reading I would guess my case would fall under civil litigation.

I went into the office looking for my first raise in 5 years and was giving a 60 day verbal notice along with verbally being told that because it was already the first of a new month that I would also receive an additional check for 2 weeks. I was sent home being told I would be connected by one of the individuals in my meeting to "work out all the details".

So I went home and reviewed my contract and in it, it states that I would be giving a 60 day written notice and nothing else about any 2 week check. So for my part I assumed that the whole "working out the details" thing would have included my 60 day written notice, a termination date and a 2 week extra check for my 5 years of service.

A whole month and a half went by before I had finally known what my termination date was and still never met with the said individual to "work out the details" With few letters/emails and face to face talks they have yet to respond with me saying to them that my contract clearly states that either party can terminate this contract without cause by providing a 60 day written notice. Now it turns out with a week and a half to go before termination that I "made up" this whole two week check thing and it must have been because I was "in shock" from hearing the news.

All I really want is my two week check as verbally promised from her, but I have nothing to support that it was ever giving. The only thing I have is my contract that states about giving an advanced 60 written notice which I have not received. My contract was written out and signed in 2004 and was suppose to be an annual contract for which it had never been updated or resigned by either party, so I would assume since both parties where honoring the contract that it is still valid.

Talking to them has gotten me nowhere and now I wish to know if I should be talking to a lawyer or not? Since no written notice was given then isn't that a breach of contract?What is the name of your state (only U.S. law)?
 


eerelations

Senior Member
Even though you both may have been honouring the verbiage of a contract signed in 2004, if said contract expired in 2005, then you haven't been working under a valid contract since 2005. You've just been working.

If in spite of not having a contract you still believe this organization owes you money, you should file suit in small claims court.
 

Whatsmyright

Junior Member
Even though you both may have been honouring the verbiage of a contract signed in 2004, if said contract expired in 2005, then you haven't been working under a valid contract since 2005. You've just been working.

If in spite of not having a contract you still believe this organization owes you money, you should file suit in small claims court.
After going back and rereading my contract I've come up with another question. It states what I will receive for a stipend per annum but it doesn't say that the contract officially ends after just one year. In order for it to end after just one year would it have to state that the contract it's self is just an annual contract or have an end date on it?
 

eerelations

Senior Member
You need to get an attorney to translate this stuff. There must be something about this contract being for only one year to have caused you to think this for so many years.
 

Whatsmyright

Junior Member
You need to get an attorney to translate this stuff. There must be something about this contract being for only one year to have caused you to think this for so many years.
Yeah I'm just not sure what or where the idea of the yearly contract came from. Thanks for your help I'll try finding someone to talk to this week.
 

ecmst12

Senior Member
Doesn't seem to me that you have any type of standing or evidence to receive that extra 2 weeks though.
 

cbg

I'm a Northern Girl
No one here can tell what you have standing to sue for and what you don't - No one can who has not read all the associated documentation.
 

Whatsmyright

Junior Member
I just wanted to know how it sounded to other people. To me it seems pretty cut and dry, contract calls for written notice and none given. To me that seems pretty straight forward as being a breach of contract.


Thanks for everyone's input.
 

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