Employment Agreement

[pnjam]

Does breach of an employment agreement survice past the date of expiration?

An employment agreement was signed 9/27/1997.
Up to 3 years after that date if I terminated
employment one of the terms obligates me to
repay the employer training costs.

I terminated on 7/18/2000 and later filed a Small Claims Court complaint to recover residual commisions which the firm said
were forfeit. Their attorney threatened counter claim and to seek recovery of training costs through arbitration with the National Association of Securities Dealers
(NASD)unless I withdrew the complaint. In return for withdrawl the company forgives
the training costs debt.

If I wait until after September 27, 2000 and re-file my compalint in Small Claims Court
the company may resurect the traing cost debt repayment. Is that issue then moot as the contract period of 3 years is in the past?

 

[JETX]

As I read your post, the employment agreement expires on 9/27/2000. You terminated on 7/18/2000, obviously prior to the end of the three year contract. Assuming the contract had no other provisions to allow or justify your early termination, you are in breach of the employment contract. Therefore, any penalties allowed in the contract apply.

The contract conditions are not altered or modified by any date of filing a lawsuit, so there is no benefit in waiting.

You are in breach of contract, and that will not be supplanted by any court filing date.

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Steve Halket
Judgment Recovery of Houston
[email protected]
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This is my PERSONAL OPINION and is not legal advice! Consult your local attorney for your specific situation and laws!