I accepted a 3 year employment contract but I was told last week that I am no longer employed even though there is have 25 months left on contract; what are my rights?

Question Details:

I accepted a 3 year contract of employment with a company. Last week I was told that I have been let go. I have 25 months remaining on the contract. The contract started in Feb 09 and I repeatedly asked for the written contract. I do not have a written copy of the contract. I recorded my phone conversation with 1 of the 3 owners about my termination and that I have a 3 year contract with company. The owner admitted to the contract, the correct remaining time of the contract, the salary amount, etc. on the recording. Can I use the recording in place of the missing written contract?

Asked 11/17/2009 under Employment and Labor | 441 View(s) | More Legal Topics

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Employment and Labor Law Answers

Contracts that cannot be performed within 1 year must be in writing under the statute of frauds, which is a doctrine of law followed in every state.  there is an exception however.  the exception is that the3 doctrne will not apple where there is substantial performance of the oral contract that would account for the terms of the claimed oral agreement.  In this case, you may use the oral recording against the employer as he was a party to the conversation.  also, if you were being paid in accordance with the contract that is another tell tale that there was a contract.  if there ws a draft written out, that was not signed, you can use this draft to show that the parties agreed to a writting contract.  I sugest that you hire a lawyer to file a claim against the employer for breach of contract.  the employer will hopefuly settle the case to avoid expensive litigation.  most lawyers will initially meet with you for free to evaluate your case.

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