Is the extension of an employment contract equal to a new employment contract?

UPDATED: Oct 1, 2022

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Is the extension of an employment contract equal to a new employment contract?

My current 2 years employment contract do not limit the aggregated period of

housing benefit. However, new a policy is introduced in the industry which

specified the maximum aggregate eligible period of on housing benefits employment contract will be capped to 120 months counting from new employment contracts. If my employer extent my employment period to 3 years instead of offering a 1 year new employment contract to me. Will the 120 months cap start counting from the 3rd year?

Asked on September 19, 2018 under Employment Labor Law, Alaska


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The "policy . . . in the industry" does not matter: industry norms or policy do not overrule a contract. If they extend your existing contract as is for another year, and that existing contract does not limit the aggregate period of housing benefit, you will still have no limit. They have to specifically put a limit into a contract--either into a new contract, or as a new term added to a written addendum or extension of your existing contract. And if they do that, the new document should state from what date it is effective or from what date the limit is calculated from--you would use that date.

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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