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Old 01-28-2014, 07:15 AM
 
Location: NJ
17,579 posts, read 39,876,289 times
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Quote:
Originally Posted by HLS14 View Post
Well they could, but there most definitely would be compensatory damages unless you were fired for cause. There have even be cases of damages being award to at-will employees depending on the circumstances of the dismissal.
What?
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Old 01-28-2014, 09:21 AM
 
Location: Hougary, Texberta
8,607 posts, read 11,124,619 times
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Quote:
Originally Posted by manderly6 View Post
What?
If you have a contract and are terminated for anything other than cause, you can sue to get the remainder of your contract paid. See every professional Head Coach ever.

Additionally, even with at will employment, if you fire a long term employee for no reason, it is likely that they will be eligible to sue for something beyond "nothing".
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Old 01-28-2014, 10:20 AM
 
9,268 posts, read 11,942,247 times
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Quote:
Originally Posted by mikeyyc View Post


If you have a contract and are terminated for anything other than cause, you can sue to get the remainder of your contract paid. See every professional Head Coach ever.

Additionally, even with at will employment, if you fire a long term employee for no reason, it is likely that they will be eligible to sue for something beyond "nothing".
The offer states clearly that it is not an employment contract.

The only basis an employee has to sucessufully sue is based on the rights state law provides, the rights spelled out in a binding employment contract, or the umbrella of fair dealings.
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Old 01-28-2014, 10:45 AM
 
Location: NJ
17,579 posts, read 39,876,289 times
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Quote:
Originally Posted by mikeyyc View Post


If you have a contract and are terminated for anything other than cause, you can sue to get the remainder of your contract paid. See every professional Head Coach ever.

Additionally, even with at will employment, if you fire a long term employee for no reason, it is likely that they will be eligible to sue for something beyond "nothing".
That isn't a contract. Its an offer letter.

Every human on the planet is "eligible to sue". That means absolutely nothing. I really don't think you understand how this works.
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Old 01-28-2014, 01:13 PM
 
Location: Hougary, Texberta
8,607 posts, read 11,124,619 times
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Quote:
Originally Posted by manderly6 View Post
That isn't a contract. Its an offer letter.

Every human on the planet is "eligible to sue". That means absolutely nothing. I really don't think you understand how this works.
I was answering your what on someone elses question. Replace eligible with grounds to make a claim, Capt. Pedantic.
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Old 01-28-2014, 06:43 PM
 
Location: SC
8,794 posts, read 5,695,957 times
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Quote:
Originally Posted by HLS14 View Post
Well they could, but there most definitely would be compensatory damages unless you were fired for cause. There have even be cases of damages being award to at-will employees depending on the circumstances of the dismissal.
Most likely not. There is almost zero chance a company will write a contract without termination with zero cost clauses... Unless you are high level officer material. Then they will guarantee everything and the kitchen sink in your contract. But again, that's only for high level muckey-mucks.
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Old 01-28-2014, 09:03 PM
 
241 posts, read 263,051 times
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Quote:
Originally Posted by blktoptrvl View Post
Most likely not. There is almost zero chance a company will write a contract without termination with zero cost clauses... Unless you are high level officer material. Then they will guarantee everything and the kitchen sink in your contract. But again, that's only for high level muckey-mucks.
Blktoptrvl, I understand you are trying to help people but your wording is off and you're spreading information that could be misinterpreted. A contract is a binding agreement between two parties. To be considered a contract there must be Consideration (the bargained-for exchange, the mutual inducement, the price of the promise) and promissory estoppel (reasonable reliance on a promise where the reliance was foreseeable to the promisor, and an injustice would result if the promise were not enforced). In most employment contracts, the employee offers a service and the other agrees to pay a salary or wage. If there is no binding mechanism then you don't have a contract. There are of course termination clauses in contract but you would never see a termination clause that's one-sided and basically says we can fire you for anything. In that case you would have an illusory promise, not a contract.

Also you can sue for wrongful termination of an at-will contract. The two most common grounds for such a suit are discrimination or a reliance claim. The discrimination suit is self explanatory and probably the most common employment action brought against an employer. But the reliance claim, while less known, can be just as effective. I'll give you an example. I work for IBM, but Apple doesn't want to work for IBM. They offer me an at-will employment job to come work for them. I quit my job at IBM based on this promise and move from Seattle to NYC. The day after arriving in NYC Apple informs me that actually they don't need my services and I am terminated per my at-will employment. I can bring a wrongful termination suit against Apple and collect lost wages based on the reliance doctrine. This is clearly just a rough synopsis of employment contract law and there are many more issues to consider and possible ways an employee could prevail in a wrongful termination suit but your original statement:

Doesn't matter. They could let you go the day after you arrived - even if you had a contract. Those words shouldn't stress you.

is a bit misleading and I wanted to clarify it for people who may not understand employment law and take what you said as fact.
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Old 01-28-2014, 09:05 PM
 
241 posts, read 263,051 times
Reputation: 258
Quote:
Originally Posted by manderly6 View Post
That isn't a contract. Its an offer letter.

Every human on the planet is "eligible to sue". That means absolutely nothing. I really don't think you understand how this works.
He understands exactly how it works. Someone said that even if he had a contract, that he could be fired for any reason, at any time without damages.
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Old 01-28-2014, 10:31 PM
 
Location: Corona the I.E.
10,082 posts, read 14,079,237 times
Reputation: 8935
Quote:
Originally Posted by MJ7 View Post
Yes, it is the norm. Many probationary periods are 3 months to 1 year. If you think that sounds bad, almost everyone is an at will employee, meaning they could terminate you whenever they want at any given time for no apparent reason. You just learn to deal with it. Good luck.
Agreed, it's standard not a big deal. Besides anyone can be fired for just about anything and have little recourse.

This should give you peace of mind. According to hiring managers they spend a lot of money recruiting good talent like us so it's in their best advantage to see you succeed, otherwise their boss is going to be looking at them for a bad hire.
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Old 01-29-2014, 12:51 PM
 
Location: Mt. Lebanon
1,844 posts, read 1,954,165 times
Reputation: 1899
Quote:
Originally Posted by ae8189 View Post
I've recently received a verbal offer in which I asked for a formal offer letter just so I have something in writing. This is my first offer letter so I have nothing to compare it to in terms of what I am about to ask. Upon just receiving the offer letter, there are some things that concern me however I'm not sure if this is standard for them to state this. I understand there are probation periods usually the first three months. They wrote that during this period, that there is no guarantee of continued employment nor is there any contract of employment and both parties may end employment at any time. This makes it sound more like a temporary role than a perm. Has anyone ever received that line in their offer letter?

I'm kind of nervous and worried by that statement. I don't want to sign up for something that sounds so unsure however I know that if you're not doing your job right within those three months then they have a reason to let you go.

Is it normal to receive that statement in the offer letter? Please provide some comments, advice, anything is appreciated. Thank you!
Yes, it is normal. Just do your best during the probation period and you'll be fine. Even with no written offer please keep in mind that employment could be terminated at any time by both parties.
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