Wrongful Termination for Alleged Breach of Contract

**HarryTSimpson** · 05-27-2012, 08:09 PM

My question involves labor and employment law for the state of: Virginia

Pulled / Terminated For Breach of Contract / Constructive Termination

Was working for a company that was sub-contracting for work in Afghanistan (AFG).

Completed all requirements for deployment and hiring prior to leaving the US, traveling to
Afghanistan (AFG) and then onto the job site in Kabul, AFG.

Prior to my arrival in Kabul I was informed by the incumbent at the job site that there were housing problems at the job site.

Housing would be on another base, located next to where the job site was located at.

Prior to leaving Baghram I related the housing matter to the senior representative (REP) there.

The senior REP stated that the contract required that I was to be housed at the same location as the job site and that anything else was not acceptable.

Upon arriving at Kabul I was again informed of the housing issue and that I would be given a statement of non-availability (SNA) for housing.

I called the senior REP and told them of the housing situation and that I would be given a SNA. The senior REP stated to get this as soon as possible to them.

Two days later I was called by the senior REP and told I was being pulled from the job/contract for breach of contract stating that I was not complying with the contract ie: not being housed at the job site.

I stated to the senior REP that I had told them of this issue at least two weeks prior to my arrival, would have the SNA shortly and asked that they send me a email regarding this.

The senior REP denied any conversation regarding the housing and that I was being pulled from the contract for breach.

Subsequently I resign that day and returned to the USA.

Please contact me ASAP regarding the above.

I have now been unemployed for several months and unable to secure further employment because of this.

**cbg** · 05-28-2012, 06:25 AM

Contact you about what?

**HarryTSimpson** · 05-28-2012, 01:05 PM

I was not terminated because there was a lack of housing at the job site.
I was terminated for breach because I took the housing that was offered at the job site.
There was nothing in the contract stating I had to be housed at 'X'
Contract states 'I could be housed anywhere as long as the US Army gave me adequate protection'.
Senior POC states:
Specific location was in the contract (no record)
I was in breach of contract because of the above.
There was no conversation regarding SNA or prior knowledge when there was.

**aaron** · 05-28-2012, 01:16 PM

If you avoid stream of consciousness posting, and instead state clear facts and a clear question, people will be able to figure out what you are trying to ask.

If housing was available, why are you stating that it was unavailable and that you were offered a "statement of non-availability (SNA) for housing"?

**HarryTSimpson** · 05-28-2012, 02:35 PM

Is there a legal counsel, lawyer or legal scholar I can talk to?

'Company A' (CO 'A' ) states contract restricts me to being housed at 'X' and pulls me from job site because I was housed at 'Z'.

'Company B' (CO 'B') sub-contract states housing can be anywhere as long as US Army provides protection.

CO 'A' refuses to provide contract regarding housing and request in writing.

I do not need to speak with an HR Manager. Already dealing & dealt with HR Managers from CO 'A' & 'B'.

I need to know the law regarding government contracts and breach.

Ploys being used is that the contract contains financial information and is therefore restricted.

Useful as I will not be able to refute 'Co A''s contention that I was in breach.

According to CO 'A', I was terminated for breach of contract (ie: should have been housed at 'X', instead I was being housed at 'Z').

CO 'B' sub-contract states, I can be housed anywhere as long as I am protected by US Army.

CO 'A' refuse to provide the contract they say I was in breach of as it contains financial information.

How can I refute a breach of contract and reason for termination if I do not have the contract?

Regardless of how I was trying to resolve the above while I was working in AFG is irrelevant (ie: SNA, begging & pleading on the phone, emails, etc?).

A stream of consciousness is extemporaneous and has no specific time line.

It is a good investigative tool as long as you go back and ask questions to fill in the gaps.

My first statement went from the time I signed on as a sub-contractor (past) to the point in time where I left employment in Afghanistan and attempted to relate the facts as I saw them (present).

An appropriate question would have been to ask about the SNA, the contract CO 'A' was stating I was in breach of, etc., rather than try to close the inquiry prematurely by simply stating Re: Termination Due to Lack of Housing at Job Site

My question involves labor and employment law for the state of: Virginia

**Betty3** · 05-28-2012, 05:01 PM

You will most likely need to talk to an employment or contract attorney in your area. You can probably get a referral to one from your local or state bar association.

**cbg** · 05-28-2012, 05:20 PM

As I responded the first time I saw this post (although the response seems to have been deleted) this is not a resource for providing legal representation. No one here can comment on the enforceabilty or potential breach of a contract we have not read in full.