M
margbk
Guest
What is the name of your state?What is the name of your state? FLORIDA
I'm not sure if these are stupid questions but here goes: I believe that I have a case here- I was terminated without cause - simply was notified 2 weeks ago verbally by my employer that they are having financial problems and can no longer afford me. I signed an Employment, Non-Disclosure, Non-Competition agreement at the time of hire, which details my duties, compensation, term of the contract (1 year, renewable automatically unless employer or employee gives 60 day written notice). My employer is saying that they don't need to give me any notice because of the at-will law.
I'm not sure if these are stupid questions but here goes:
1) My employer is an "inc." with less than 15 employees - does this mean that it's not worth pursuing?
2) There is a clause on this agreement that states: "The Term of this contract shall commence on October 1, 2003 and shall terminate one year thereafter, subject however, to prior termination with cause as hereinafter provided (listed on the 3rd page of agreement, in brief...mutual termination in writing, death, mental or physical disability of employee etc etc, failure to faithfully and diligently perform duties, unprofessional, unethical conduct etc etc). This contract and all of its terms and provisions shall be automatically renewed for succeeding terms of one year each unless Employer or Employee shall, at least sixty days prior to the expiration of any term, give written notice of his/her intentions not to renew this contract." My employer maintains that the clause refers to the non-competition part of the agreement only- in that one cannot compete with them for 1 year after 60 days notice has been given. English is not my mother tongue- but it reads pretty clearly to me- basically since I started working in October, and the date we had a conversation (no written notice) about them laying me off because of their financial problems was November 2nd - that a new term of the agreement has commenced - and that they should have given me written notice 60 days before November 2nd. Am I being unreasonable? Is there any point in pursuing this since the company is so small? I have since obtained an excellent reference letter from them (so they can't say I was terminated for poor performance etc.) and faxed them a letter on the final day (final paycheck) stating that I am not waiving any rights I have on the contract and that my leaving should not be taken as my resignation.... Have I done all this for nothing? P.S. Sorry, those turned out to be very long stupid questions!
I'm not sure if these are stupid questions but here goes: I believe that I have a case here- I was terminated without cause - simply was notified 2 weeks ago verbally by my employer that they are having financial problems and can no longer afford me. I signed an Employment, Non-Disclosure, Non-Competition agreement at the time of hire, which details my duties, compensation, term of the contract (1 year, renewable automatically unless employer or employee gives 60 day written notice). My employer is saying that they don't need to give me any notice because of the at-will law.
I'm not sure if these are stupid questions but here goes:
1) My employer is an "inc." with less than 15 employees - does this mean that it's not worth pursuing?
2) There is a clause on this agreement that states: "The Term of this contract shall commence on October 1, 2003 and shall terminate one year thereafter, subject however, to prior termination with cause as hereinafter provided (listed on the 3rd page of agreement, in brief...mutual termination in writing, death, mental or physical disability of employee etc etc, failure to faithfully and diligently perform duties, unprofessional, unethical conduct etc etc). This contract and all of its terms and provisions shall be automatically renewed for succeeding terms of one year each unless Employer or Employee shall, at least sixty days prior to the expiration of any term, give written notice of his/her intentions not to renew this contract." My employer maintains that the clause refers to the non-competition part of the agreement only- in that one cannot compete with them for 1 year after 60 days notice has been given. English is not my mother tongue- but it reads pretty clearly to me- basically since I started working in October, and the date we had a conversation (no written notice) about them laying me off because of their financial problems was November 2nd - that a new term of the agreement has commenced - and that they should have given me written notice 60 days before November 2nd. Am I being unreasonable? Is there any point in pursuing this since the company is so small? I have since obtained an excellent reference letter from them (so they can't say I was terminated for poor performance etc.) and faxed them a letter on the final day (final paycheck) stating that I am not waiving any rights I have on the contract and that my leaving should not be taken as my resignation.... Have I done all this for nothing? P.S. Sorry, those turned out to be very long stupid questions!