Results 1 to 8 of 8
  1. #1

    Default Termination Without Cause or Notice Despite a Two Year Employment Contract

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

    My husband is 52 years old, and has had a successful career in radio management for over 30 years. Until a week ago, he was the General Manager of two radio stations, with a recently renewed 2-year contract. In this contract it states that there will be a 30-day notice for termination of employment, and though I don't have it with me at the moment, I know that it also stipulates reasons for termination - poor performance, criminal behavior, etc... There was also a clause which allowed reimbursement for unused vacation time.

    My husband was fired without notice, and without reason. All radio stations have good and bad months, and before being fired, he had two in a row that were not so great, but not that bad. Considering he was responsible in a 40% revenue increase over a the past 3 years, with no ratings increase of any kind, that's quite an incredible feat. There is no way anyone can increase or even maintain revenue amounts on a monthly basis - even if there was an increase in ratings. Regardless of those two months, they were still ahead in annual billing from the prior year.

    Long story short, he was fired without warning, and without a 30-day notice. His position wasn't done away with, as he was replaced by one of his sales people. My husband was given a severance package, however, of three months pay plus the portion of benefits the company had been paying. This severance package did not include unused vacation time, which was nearly 3 weeks.

    What makes me mad is that his boss knew he was violating the contract and did it anyway - and that was straight from the horses mouth! His boss was worried that if he stayed on board for 30 more days, that he would be too busy looking for a job to work. This man has a masters in Public Policy, and he STILL knowingly did this!

    My husband could have had 30 days to look for a similar position, while he still HAD a job with respect, but now, my 52 year old husband has to tell potential bosses that he was fired. The chances of him getting a comparable job are pretty slim.

    So my question is, what recourse do we have, if any, regarding this matter? Is this breach of contract? Should we be consulting an attorney?

    Thanks so much in advance.

  2. #2
    Join Date
    Apr 2009
    Posts
    757

    Default Re: General Manager Had 2 Year Contract, Was Wrongfully Terminated Via Breach of Cont

    Did his contract address severance?

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: General Manager Had 2 Year Contract, Was Wrongfully Terminated Via Breach of Cont

    HE is free to have an attorney review the contract to see what, if any, options he has. This is SOLELY going to be a contract issue; as far as the law is concerned, no laws were broken and no rights violated. We can't read the contract from here.

  4. #4
    Join Date
    Mar 2012
    Posts
    1,360

    Default Re: General Manager Had 2 Year Contract, Was Wrongfully Terminated Via Breach of Cont

    Quote Quoting jenjentennis
    View Post
    what recourse do we have,
    He can file for unemployment.

  5. #5
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: General Manager Had 2 Year Contract, Was Wrongfully Terminated Via Breach of Cont

    Quote Quoting jenjentennis
    View Post
    My question involves labor and employment law for the state of: Texas
    So my question is, what recourse do we have, if any, regarding this matter? Is this breach of contract? Should we be consulting an attorney?

    Thanks so much in advance.
    Nothing in your post suggests wrongful termination. The phrase wrongful termination refers to a termination that violates the law, e.g. because of illegal discrimination, etc. Maybe other facts involved here would reveal a basis for wrongful termination, and your husband might want to see an employment law attorney about that. As you describe it, though, this is simply an issue of whether the employer breached its contract with your husband. Not having read the contract and knowing all the facts, I cannot say if there is a good claim to pursue for breach of contract. That's someting to discuss with the attorney, too.

  6. #6
    Join Date
    Jun 2015
    Posts
    988

    Default Re: General Manager Had 2 Year Contract, Was Wrongfully Terminated Via Breach of Cont

    Nothing suggests wrongful termination....

    Texas does not require payout of unused vacation unless it's in the contract to do so...is it?

    What does contract say about severance...did he get it and or more?

  7. #7
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: General Manager Had 2 Year Contract, Was Wrongfully Terminated Via Breach of Cont

    Although a contractual provision about severance would be relevant, the fundamental issue is the one that cbg and Taxing Matters identified -- whether the termination was in violation of the employment contract. Unless the 'severance' (if any) is effectively the full buyout of the balance of the employment contract, with almost two years left on the contract, the employee may be able to obtain contract damages considerably in excess of the (possible) severance.

  8. #8
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: General Manager Had 2 Year Contract, Was Wrongfully Terminated Via Breach of Cont

    Texas does not require payout of unused vacation unless it's in the contract to do so...is it?

    According to the original post it is. Reading is fundamental.

    1. Sponsored Links
       

Similar Threads

  1. Resignation: Employment Contract Early Termination
    By jcwbu08 in forum Employment and Labor
    Replies: 4
    Last Post: 07-21-2013, 01:59 PM
  2. Ending a Contract: Contract Requires 30 Day Notice for Termination, but Fired Without Notice
    By Beau in forum Independent Contractors
    Replies: 6
    Last Post: 07-09-2012, 01:58 PM
  3. Ending a Contract: Given Oral Notice of Termination, But the Contract Requires Written Notice
    By Helenslp in forum Independent Contractors
    Replies: 2
    Last Post: 03-25-2012, 09:23 PM
  4. Getting Fired: I Didn't Got a Notice Before Termination of My Contract While It Was in My Contract
    By msnazi in forum Employment and Labor
    Replies: 6
    Last Post: 04-26-2011, 05:10 PM
  5. Getting Fired: Wrongful Termination of Contract Employment
    By ??help?? in forum Employment and Labor
    Replies: 4
    Last Post: 12-12-2005, 04:16 PM
 
 
Sponsored Links

Legal Help, Information and Resources