Termination

[eddanderson4]

I was a professional working in Texas. I was originally hired for one position, and was given a contract for that position. After 11 months on the job, I was offered a higher position with higher pay and benefits. A second contract was drawn up for this position. Recently, the owner came in and said that I was not performing the job to her satisfaction and that I was no longer in the higher position, but could return to my old job for the same pay as the higher position. However, one of the benefits of the higher position involved the receipt of property that exceeded $15,000 if I stayed in the position for 3 years. I was told that since I was no longer in the higher position, the property would not be included. I refused the lower position. It is the owner's contention that because I did not take the lower position that I quit and was not fired. Both contracts stated that if the agreement is terminated by the owner, I would receive 90 days notice or pay in lieu of. She is contending that she does not owe me this pay. This is even though the contract for the higher position was terminated by her by removing me from the higher position. Do you have any suggestions?

 

[loku]

Your rights to the 90 days notice or pay depends on the exact wording of your contract for the higher position. Try and interpret the contract to see if given the facts, including the offer of the lower position at the same pay, the contract was terminated by the owner.