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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 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.


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