Can a company alter the terms of a 90 day without cause termination agreement?
I recently relocated from florida to new york for a job. My employer verbally promised the job was secure. My employer is based out of california but has a contract with a different company in ny. I signed a 1 year agreement to work for the company. 1 month after moving to new york, the company i work for voluntarily cancelled the contract at the new york facility. The same day they sent an email stating i was terminated without caused. In the agreement i signed, the contract has a 90 day without cause termination clause. The company is only agreeing to pay 30 days. They are offering to send me to another company which is unrelated to them that is 1.5 hours away from my current location and saying that if i refuse the job then i am giving them a reason to get out of the contract. my question is that if my contract does not have a clause regarding taking another job is that legal for them to make that offer. also if i signed a 1 year agreement with them but they are terminating me for the decision they made to cancel the contract is that valid?
1 answer | asked Mar 14, 2016 12:36 PM [EST] | applies to New York
Answers (1)
Every employee has a duty to mitigate damages. Being offered or refusing to accept another position, depending on the terms and conditions of the new job, might be breaching your duty to mitigate. However, you do not need to accept any new and unknown position without details and you certainly would demand a contract with the new employer as you entered with this employer. Those specific facts need to be analyzed. The type of work, position, etc....
If you lived in metro NYC then a 1.5 hour commute each way might be reasonable. Your location could change everything again depending on specific facts.
A lawyer needs to review and evaluate what you left, why you moved, what you were promised, what the employer planned to gain, whether it got what it hoped to get by your move. what you do, and what your damages could reasonably be?
You need to consult with a labor and employment lawyer. You may be able to do so long distance with scanned documents and email. Florida's public policy and employment laws are nothing like New York's and many things an employer might get away with in Florida would be prohibited in New York. I used to practice there and am fortunate to limit my practice now to New York. Good luck.
posted by V Jonas Urba | Mar 14, 2016 3:36 PM [EST]
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