Results 1 to 6 of 6

Hybrid View

  1. #1
    Join Date
    Jul 2007
    Posts
    6

    Default Failure To Review Performance and Salary as a Breach of Contract

    I am currently 3/4 of the way through a 24 month employment contract. I am entertaining other offers due to the increasing instability of my current company. There is quite a bit of money that I would be required to pay back should I choose to leave now. My contract states that my performance and salary will be reviewed annually - They never were.

    My question is: Does the lack of a review, that I'm contractually entitled to, qualify as a breach of contract by my employer?

    Any advice would be greatly appreciated.

    Thanks.

  2. #2
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Employer breach of contract?

    Q: My question is: Does the lack of a review, that I'm contractually entitled to, qualify as a breach of contract by my employer?


    A: What exactly does the contract say on this point?

  3. #3
    Join Date
    Jul 2007
    Posts
    6

    Default Re: Failure To Review Performance and Salary as a Breach of Contract

    It just says that my performance and salary will be reviewed annually. That's it.

  4. #4
    Join Date
    Dec 2005
    Posts
    200

    Default Re: Failure To Review Performance and Salary as a Breach of Contract

    Does the contract stipulate that you will be given the results of the performance and salary? Have they made any comments about your performance; has your salary been adjusted?

  5. #5
    Join Date
    Jul 2007
    Posts
    6

    Default Re: Failure To Review Performance and Salary as a Breach of Contract

    mitousmom

    That would be a no to all 3 questions.

  6. #6
    Join Date
    Jul 2007
    Posts
    6

    Default Re: Failure To Review Performance and Salary as a Breach of Contract

    I haven't heard anymore back on this so I looked through my contract again and will add more with my comments noted beneath each.

    Contract states:

    1. I WILL receive a performance and salary review annually.
    1a. I did not receive either.
    2. I will report to the Executive Vice President
    2a. He is gone and I never reported to him anyway.
    3. I am a manager and the only time I should visit customers is to discuss technology solutions.
    3a. Due to downsizing of workforce, company now wants me to go on the road to perform installation work.

    Do any of these give me an out with this contract? Can I at least push back on item number 3 or demand a re-negotiation? Or am I just stuck until the end?

    Please help.



    Thanks.

    1. Sponsored Links
       

Similar Threads

  1. Performance: Unfair Performance Review
    By Diabolus in forum Employment and Labor
    Replies: 4
    Last Post: 05-19-2011, 11:54 AM
  2. Disciplinary Issues: Right to Respond to a Performance Review
    By Andy_Duphresne in forum Employment and Labor
    Replies: 1
    Last Post: 03-10-2009, 08:16 AM
  3. Performance: Performance Review
    By indogolfing in forum Employment and Labor
    Replies: 1
    Last Post: 03-06-2009, 02:22 PM
  4. Performance: Performance Review Abuse
    By Shadow5618 in forum Employment and Labor
    Replies: 2
    Last Post: 02-15-2008, 06:54 AM
  5. Performance: Retaliatory Performance Review
    By cricket in forum Employment and Labor
    Replies: 1
    Last Post: 06-27-2005, 03:59 PM
 
 
Sponsored Links

Legal Help, Information and Resources