Does an employment contract end if the employee is laid off?

UPDATED: Dec 14, 2011

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Does an employment contract end if the employee is laid off?

My fiancé was laid off from his fire department and the re-hired 4 months later. He did not sign a new contract. He left that department shortly after returning for another department and now his former department is holding him to the contract he signed when he was hired.

Asked on December 14, 2011 under Employment Labor Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

While a definitive answer depends on the *exact* terms of the contract, since contracts are governed by their terms, as well as the terms under which he was rehired (e.g. it would be legal for  the rehiring to be subject to the old contract--if the employer had told him that, and he had agreed), as a general matter, if an employer fires or terminates an employee, that would terminate the contract.

Again, though, to be certain, your fiance should consult in person with an attorney who can review the contract and situation in detail with him.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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