Hi LawGuru community,
My company tried to terminate me last Friday without written notice and my agreement of employment had the following paragraph:
You acknowledge that the employment relationship between the Company and you is at-will, meaning that the
employment relationship may be terminated, at any time, by the Company or you for any reason or for no
reason, with or without notice. However, you and the company agree to provide the Company or you 30 days’
written notice prior to termination of the employment relationship.
Would it be a breach of contract?
Thank you in advance,
1 Answer from Attorneys
An attorney would need to review the entire agreement before providing a clear-cut answer. However, the provision you put in your message is enforceable in California. Assuming nothing contradictory elsewhere in your employmnet agreement, the provision says that your employment can be terminated for any reason or for no reason at all. The last sentence of the agreement, however, needs to be given effect. As such, the termination would not be effective for 30 days after written notice, and you may have rights to be compensated for that time.
You need to speak to an employee-side labor lawyer for definitive advice on this subject. You should be able to find one here on LawGuru, through your local bar association, or through a more general search on the Internet.
Charles R. Perry
California State Bar 124828