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wrongful termination or breach of contract

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E

etojake

Guest
What is the name of your state? Texas
a medical facility enters into a contract with physician's assistant through its board of directors and contract executed by ceo for a term of 2 years contract expires on july 31. contract does not state specific times and hours to report to work, not required to clock in and out. after contract expires pa continues to report as usual on august 5, clinic manager terminates pa because he was late. ceo backs manager because he knows there is a conflict of personalities. question is does pa become an hourly employee after contract expires eventhough he is being paid and his duties are same as under expired contract or does he have an implied contract. if implied contract would this be classified as breach of contract based on its terms for termination or would pa be subject to the policy manuel set up for regular employees. this may also be considered dr sets pa's daily duties and supervises pa but clinic manager does evaluations. any help in this matter would be greately appreciated.
 


Beth3

Senior Member
Once a contract expires, it expires. There is no automatic implied contract going forward. At that point, you became an "at will" employee. and subject to the employer's normal employment practices and policies.

Nor does an employee "become" an hourly employee when their employment contract expires - exempt or non-exempt status has nothing to do with this situation.

You're free to walk away from the job, ask management to negotiate a new contract, or remain on as an "at will" employee if both parties agree they wish to continue the relationship on that basis.
 

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