Employer refuses to release me even though I have fulfilled my contract.

[010210]

Indiana
I have fulfilled my contract with my employer, and now I wish to move to a different city. I planned on searching for a job with another franchise of the same company, but my employer refuses to sign a release letter that would allow me to work at another franchise. Without this letter of release, I cannot apply to any other franchise within the company. Is it legal for my employer to withhold this from me?

 

[HomeGuru]

I have fulfilled my contract with my employer, and now I wish to move to a different city. I planned on searching for a job with another franchise of the same company, but my employer refuses to sign a release letter that would allow me to work at another franchise. Without this letter of release, I cannot apply to any other franchise within the company. Is it legal for my employer to withhold this from me?

**A: please follow posting instructions.

 

[Zigner]

What state are you in?

Barring a contract clause to the contrary, you cannot force the employer to write you any sort of letter (in the US)

 

[010210]

What state are you in?

Barring a contract clause to the contrary, you cannot force the employer to write you any sort of letter (in the US)

I am in Indiana.

 

[swalsh411]

You are free to leave the job at any time and look for another one. Another store can choose to not hire you for virtually any reason, including not having a "release letter" from your old store. This is a company policy issue not a legal one.

 

[HomeGuru]

Is there a non compete clause in the contract? What is the reason you need a release?

 

[cbg]

When you say you have fulfilled your contract, are you talking about an actual contract? What most people refer to as contracts isn't one. Does the document you have called a contract state a specific term of employment, i.e. from xx-xx-2012 to xx-xx-2013 or whatever?

Or, alternately does it state a specific project, i.e. for the duration of the job sponsored by ABC company?

 

[HomeGuru]

I am not clear if the OP is classified as an employee or 1099 IC.

 

[cbg]

Neither am I. That's what I'm trying to establish.

 

[010210]

Is there a non compete clause in the contract? What is the reason you need a release?

I don't believe there is a non compete clause, although I'm not entirely sure what that means. I need a release because of company policy. I am a manager, and the owner of my store paid for my training and certification through the corporation. Because of this, it is company policy that managers need to be "released" by the store owner before another store owner can hire or even interview me. I am frustrated because I had a one year contract, which has expired, and I should be free to leave.

 

[010210]

When you say you have fulfilled your contract, are you talking about an actual contract? What most people refer to as contracts isn't one. Does the document you have called a contract state a specific term of employment, i.e. from xx-xx-2012 to xx-xx-2013 or whatever?

Or, alternately does it state a specific project, i.e. for the duration of the job sponsored by ABC company?

It states a specific term of employment, which ended a few months ago. (I would rather not say the date in case my employer finds this thread.)

 

[cbg]

Then I'm afraid I don't see the problem. The contract itself indicates that you are no longer employed. But there is no law you can invoke that will force the employer to write you a letter saying what your contract already says. If another manager internally will not interview or hire you because of that, then that's the ball game. There is also no law that grants you the guaranteed right to rehire with another franchise or division - or even to interview with them.

 

[010210]

Then I'm afraid I don't see the problem. The contract itself indicates that you are no longer employed. But there is no law you can invoke that will force the employer to write you a letter saying what your contract already says. If another manager internally will not interview or hire you because of that, then that's the ball game. There is also no law that grants you the guaranteed right to rehire with another franchise or division - or even to interview with them.

Okay, thank you for your help.

 

[swalsh411]

I should be free to leave.

You are free to leave. Slavery was abolished some time ago.

 

[HomeGuru]

This is illegal and you are not bound in any way with the company. You should get in touch with a legal attorney to get release from the company.

**A: what is a legal attorney?