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Possible Contract Breach?
Post new topic   Reply to topic    Free Career and Job Search Advice Forum Index -> Unemployment Issues
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booga666
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PostPosted: Thu Oct 16, 2008 7:26 pm    Post subject: Possible Contract Breach? Reply with quote

I was terminated on my first day of employment, 5 minutes in. I was forced to sign a 90-day "agreement" that stated all of the usual BS like what I was expected to do, etc. The girl who fired me clearly said that I would be paid for the following 3 weeks. There is a specific clause in the contract that states that I am to receive 3 weeks written notice of termination prior to the term date - I clearly did not receive such a notice. Now this employer is saying that they have NO intention of paying me at all for the next 3 weeks. Is this a clear breach of contract or am misunderstanding? Your input is greatly appreciated.
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lexa10881
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PostPosted: Sat Oct 18, 2008 3:37 am    Post subject: Reply with quote

Sounds like a clear breach of contract, unless it goes on to read more detail about being fired under certain circumstances that might disqualify you from receiving that pay. There is always the option of a lawyer, of course....

http://www.cvtips.com/unemployment_steps.html
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booga666
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PostPosted: Sat Oct 18, 2008 6:15 pm    Post subject: there was not... Reply with quote

any wording that says being fired for any reason - even of it did...i was fired 5 minuts or so into so i didnt have any chance to do anything right, wrong, etc...do you think it's worth getting a lawyer? if so, what's the most I could gain?
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Pauloz
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PostPosted: Sun Oct 19, 2008 9:44 pm    Post subject: Re: there was not... Reply with quote

booga666 wrote:
any wording that says being fired for any reason - even of it did...i was fired 5 minuts or so into so i didnt have any chance to do anything right, wrong, etc...do you think it's worth getting a lawyer? if so, what's the most I could gain?


booga666

The best shot would be damages plus wages. The damages relate to your rights under the contract, and your time and commitment, and perhaps stress. But that's highly technical in legal terms, and the costs might be prohibitive, unless you can get someone to do it pro bono, meaning they only get paid if they win the case.

You can shop around for legal advice, just ring up and ask if they do pro bono work in the area of employment disputes. At the very least, you'll find that the professionals in the field are interested, because this incident is pretty bizarre, by any standards.

On the face of it, it's breach of contract, failure to discharge their obligations under the terms of the contract. They may or may not have breached employment law in the circumstances of firing you, too.

It's not often people get fired after 5 minutes "on the job", standing in the same place they signed the employment contract. Don't know how they managed that, but they sound like nutcases to me. If this is how they handle hiring, how do they handle people who actually get a chance to work for them?
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booga666
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PostPosted: Mon Oct 20, 2008 3:19 am    Post subject: Thanks... Reply with quote

and I totally agree - Imagine if I actually ended up working there?
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