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  1. #1
    Join Date
    Dec 2014
    Posts
    1

    Question Is an Employment Contract Still Enforceable if You Resign and are Later Rehired

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

    I resigned in January of 2011 and continued work as a contract employee for about a year before jumping back on as a W-2 employee. When I resigned I submitted a signed letter notifying them I was leaving and also got a letter signed from my boss releasing me from the non-compete and required notice in my offer letter (it required me to give 3 months notice before leaving).

    I assume that since I started working again and never signed a new contract that my previous contract was null and void and I was working without any formal agreement but am not sure.

    I am potentially leaving the firm now and want to make sure that the terms of my previous contract are not in effect.

    Thank you,
    Will

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Resigned and Re-Hired Without Contract

    No one here can answer that since we have not read your previous contract. While it may be reasonable to assume that your old contract was voided, it is not necessarily a guarantee. There is not a law, for example, that automatically voids any previous contract if you return to work.

    You will have to have the contract reviewed by an attorney in your state to be certain.

  3. #3
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Resigned and Re-Hired Without Contract

    Quote Quoting willrog14
    View Post

    I am potentially leaving the firm now and want to make sure that the terms of my previous contract are not in effect.
    Possibly not.

    But an accurate answer depends on the exact wording of the terms and conditions of your original employment agreement, the exact wording of your resignation letter, and the exact wording of the employer's letter.

    Up to you if you want to reproduce them all here in their entirety and get some helpful comments or take them to an attorney for review.

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