I am a law student set to begin my summer associate position next month. My employer, a law firm, terminated my summer employment contract last month.
What are legally justifiable reasons for anticipatory breach?
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I am a law student set to begin my summer associate position next month. My employer, a law firm, terminated my summer employment contract last month.
What are legally justifiable reasons for anticipatory breach?
Excuse the long e-mail but the situation is a little convoluted. I very much appreciate anyone's help.
The position was set to begin in May but the employer repudiated the contract in March. The basis for the repudiation according to the employer was based on the employee's sending two e-mails. According to the employer sending the e-mails constituted 'poor judgment'. THe employee's contract was terminated on the basis of 'poor judgment' in sending two emails.
Both emails were very polite. One email attempted to determine the source of the problem b/w the employer and employee. The relationship had been on extremely good terms and was on a first name basis before January. The employer send a christmans card and was effusive about the employees suitability for the firm.
After the hollidays, the employer did not answer the employee's emails regarding the processing of a VISA which was required for the employee to work in the firm. THe employer kept delaying providing the information and his secretary refused to respond. This continued for almost three weeks before the student took over the VISA issue on their own because time was running because the processing time for the VISA required up to 3 months and the student already had to push back the start date for the job because of the delay.
The employee wrote an email concerned about the problem and, instead of placing the employer on the spot, offered a potential explanation for the situation which related to a problem the employee was having with their Law school regarding a publicaton that was published against their copyright.
The situation was resolved in favour of the student. But the persons involved in the situation had contact information for the law firm and the name of the employer (this was provided by the student as part of a petition to have an extended exam graded (long story). It was a plausible situation that - given the months of harassment and the fact that it was resolved in the students favour - that the persons involved, who were on the petition committee to have the exam graded, might use the information to affect the students job opportunity.
The employer did not respond to the email - either positively or negatively.
10 days later the employer called the student at home, this was the first communication since the hollidays. The employer was agitated and stated that there was no contact b/w the school and the firm, that there was no form of contact by anyone and that the employer had been away on busines and could not respond to the email.
The employer wanted to end the conversation rudely and the student just asked that they be cordial to each other. The student did not care if there was or was not contact as long as the relationship was constructive.
The phone call was alarming given the employer's conduct, especially given the very positive relationship before the holliday's, and the student just sent an email to the employer confirming the contents of the phone conversation - i.e., that there had been no contact b/w the school and the firm and that the student understood that the employer had been away on business and could not answer the student's email.
The employer wrote a letter the same day firing the student for 'bad judgment' and also attributed to the student comments that did not occur during the phone converstation.
Can an employer breach your contract - before the start date of the job - for sending two polite e-mails. One wanting to establish positive relations in the firm, given that it was clear that the good relationship had soured for no apparent reason, and one confirming the content of the employer's phone call (due to the disturbing nature of the phone call).
I apologize for the length and I really appreciate if anyone had the patience to read it.
If it was an at-will relationship, the employer can end the offer for pretty much any reason, as long as there is no violation on the basis of a protected status (age, gender, race, religion, etc.) Depending upon the circumstances, the employee may be able to claim detrimental reliance (e.g., abstaining from seeking alternative employment.)
(We're not in the position to judge the reasonableness of the employer's actions, as we don't know their side of the story and haven't seen the emails.)
Aaron, thanks for your advice.
The contract was for a three-month period during the summer. I have a letter stating that I was offered the position by the lawfirm and that I accepted their offer. Doesn't this constitute a formal contract?
We also entered into the contrac orally the day before the letter was written to confirm the offer and acceptance.
Also law firm positions for second year students are a very organized affair and these positions are secured a year before the beginning of the employment period during specific recruitment times.
The emails were very polite. One email just documented honestly that I had a problem regarding retraction of a publication, in which I had the copyright, and a lack of willingness on the part of the faculty to support my retraction. The e-mail expressed a desire to contribute positively to the law firm and that if there was any misinformation on the part of the faculty regarding my character that it was based on misinformation regarding the incendent - which was resolved in my favour.
I wrote this email in response to the lack of willingness on the part of the law firm to process my VISA and their non-response to my emails. I did not understand why I was being shut out when I had a great interaction with the partner before the hollidays. The only reasons I could see was that he either had a personal issues or that the was made aware of the incident with respect to my school.
THe other email just documented his phone converstation in which he stated that he had no contact with the law school. I documented this call only because I found his demeanor strange and defensive, so I just wanted to have it on record.
Therefore, the emails were absolutely innocuous, polite and showed a desire to establish good relations and to discuss anything that might be a problem.
All employment relationships are contractual at some level - the essential quid pro quo of labor for pay. But that of itself does not mean that they are not at-will relationships.
From my brief overview of "at-will" contracts, it appears that any contract with a precisely defined period of employment, that is clearly stated, is not an "at-will" contract. My contract had both a beginning and end date both were in writing. The duties were specified, as was the pay.
Employment contracts which do not clearly and unequivocally define the employment period are "at-will" and allow both parties to terminate their responsibilities without penalty. I think this is why most non-government jobs in the U.S. are considered "at-will" - because there is really no defined employment term.
As you probably know by now, the law governing what does or does not constitute a contract of employment varies by jurisdiction. If you have looked up your local law, that's a good place to start.
According to the relevant state law, given that this contract has an agreed term of employment, it is not terminable at-will. Therefore, it is a contract and the hiring partner's actions constitue an anticipatory breach.
Are there any legal justifications for an anticipatory breach of contract except for issues such as not having the correct credentials for the job - i.e., misrepresentation or something that goes to the fundamental nature of the contract?
In this case, it does not seem possible that someone can breach an employment contract, which is not at-will, for a frivolous reason like sending e-mails the person doesn't like. This does not seem like a legal justification.
Unless you provide additional details, such as the state law to which you are referring, it is not possible to respond with any sort of specificity. Your best approach would be to consult a plaintiff-side employment lawyer in the state at issue, and have your situation fully evaluated.
An employment lawyer confirmed what I found, my situation is a classic breach of contract case. Therefore, I am pretty happy that there is redress in this situation.
In general, if there is a definite term of employment stated in the contract, the contract will not be considered at-will - unless there are additional clauses that state this, therefore looking at the fine print is important.
In my case, it was a simple letter stating offer and acceptance, time of start date and end date, salary and duties and nothing else.
Thanks for your help.