Legal Question in Employment Law in Arizona

termination of employee

I am trying to terminate and employee whos contract is over but I have kept him on staff in the same position without renegotiation. In the contract it reads automatically extended for 1 year period (subject to renegotiation), unless terminated by either party in accordance with provisions thereof. Provision is 14 day written notice required by either party...can I terminate same day or do I need to give 14 day notice??


Asked on 7/02/09, 4:34 pm

2 Answers from Attorneys
Donald W. Hudspeth The Law Offices of Donald W. Hudspeth, P.C.

Re: termination of employee

The contract says that it automatically renewed and even if it did not say that it might still have renewed by your perforamnce. (We have that issue before the AZ Court of Appeals.)So, I would treat the 14 days notice as applying. That being said I would probably pay for two weeks and say not have to come to work for the last 14 days. Realize money is tight but otherwise employee makes claim and you have to deal with either wage and hour board or an attorney. (May be too small but attorneys fees are mandatory in wage claims and I think you would lose if you do not pay. Attorney may take the case just for the fees).

Read more
Answered on 7/02/09, 4:53 pm
Blake Simms W. Blake Simms, P.C.

Re: termination of employee

I would be very careful about terminating this employee. Without reviewing the contract, it is difficult to tell what your rights are. It sounds like it is possible the party wishing to terminate may need to provide the 14-day notice before an upcoming anniversary date. Again, without knowing the terms it is difficult to provide definitive advice.

I would highly advise you have an attorney review the contract and advise you. We would be happy to do so.

Read more
Answered on 7/02/09, 5:51 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in Arizona