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breach of contract??

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  • breach of contract??

    I recently relocated from a different state for a contract position that was supposed to last eighteen months. There is a possiblity that "funding" will not be approved to keep us contractors employed. My boss is basically saying that there will be tempory lay-off until the funding is approved. Okay, I'm not going to sit around for four weeks unpaid waiting for my job to start back up again. If this happens, I want to return home. This means that I have to pay probably $800 moving expense, on top of breaking my apartment lease. Since my employer has breached their side of the contract, can I request that these expenses be paid? I am seriously broke, and I can't stay in a city that is not my home. Of course my company will not agree, so is this possible if I get labor or employment lawyer? I have been working for six weeks.

  • #2
    What does your contract say?

    As soon as you say, "I have a contract" employment law goes out the window and contract law comes into play. The answers will be in your contract. ONLY someone who has read every word of your contract can respond.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      If you have a bona fide contract (not all agreements are contracts), the employer doesn't have to pay for you to return home unless it says they will. You're certainly advised to have an employment attorney review you document to see if there is any recourse for what you want to do.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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      • #4
        Agreed with the other answers. Past that, "labor law" is law imposed on the parties by the government. "Contract law" is law between the parties, meaning law that no one on this website knows because no one on this website has read your document (which may or may legally be a contract).

        Labor law always supersedes contract law. If labor law says something, contract law cannot "unsay" that thing. So basically contract law (if there is indeed an actual contract) is in addition to labor law, not instead of.

        There are no labor law requirements on moving expense, so basically you are talking contract law (or no law at all).
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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        • #5
          My contract is my offer letter. It basically says that I am being paid a set amount for a period of 18 months. It states my benefits and my job duties. It also says that if I leave on my own free will before 12 months, I have to pay back my relocation. But if they are breaching the contract by not allowing me to work for a set amount of time, they are not paying me the set amount of money in the contract. So they are breaching the contract, right? There is absolutely nothing in my offer letter that states there will be periods of break in the contract, which is what my company is calling it. They didn't say anything in the offer letter about reverse relocation, so since they didn't put it in the offer letter, then is it disputable through a labor attorney? That is the only document regarding my actual employment that I signed. The other things I signed were in regards to drug free workplace and crap like that. I don't think there were all that careful in their offer letter. I like my job, but who in their right mind would accept to being laid off in a foreign city like it was no big deal?

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          • #6
            Also, I signed a similar document at my other job. It is an offer letter. So are offer letters subject to labor laws or contract laws?

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            • #7
              Offer letters rarely if ever constitute contracts. However, only an attorney in your state who has read it can say whether or not yours is one of the few exceptions.

              FYI, labor law would NOT require that your employer repay your moving expenses. Your only hope of getting those paid, unless the employer does so voluntarily, is if the offer letter not only is found to be contractual, but that it also provides for the employer to pay for these expenses.
              The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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              • #8
                Just to have the information in this thread, state is Oklahoma per a thread started
                a couple of days ago. State was not given in this current thread.
                Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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                • #9
                  Hey trisswines, sometimes you can have too much of a good thing, you know what I'm sayin?
                  Last edited by eerelations; 05-30-2011, 05:20 AM.

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                  • #10
                    trisswines was a spammer. He's gone, now.
                    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                    Comment

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