Legal Question in Employment Law in California

Offer of employment or Contract?

Is an offer of employment letter a contract? The letter states employees are employed on an ''at-will'' bassis for an unspecified term. It says at-will in several places in the letter. It also states,occupancy on the job site is a work requirement. ''Your occupancy of the unit assigned to you is dependent upon satisfactory performance of your job duties and continuation of the employer-employee relationship with ...Your employment is terminable at the will of either party, with or without cause, and upon such termination, your right to occupy the premises is automatically and simultaneously surrendered without further notice or grounds. Thus, in the even that your employment is terminated you will be expected to vacate the ''PREMISES WITHIN SEVEN DAYS OF YOUR TERMINATION.'' Do I really only have 7 days to vacate or do they have to give me or my wife, who doesn't have a contact, longer? A few months ago my manager told my wife that she has no say in anything when I comes to the apartment. She stated that my wife isn't considered a tenant. Everyone says it depends on what is in your contract. I only have the offer of employment letter?


Asked on 11/18/08, 3:52 am

1 Answer from Attorneys

George Moschopoulos The Law Office of George Moschopoulos

Re: Offer of employment or Contract?

This sounds more like a landlord tenant issue and that you have a lease tied to an at will employment relationship. The lease term likely ties back to the employment term, so your lease is likle a tenancy at will. Typical notice for terminating such an agreement is 30 days, but it might be able to be modified by contract such as the instrument you are quoting. As for your wife, signing a lease while married generally obligates her as well, so she may have some recourse. I would contact an attorney in your area that practices unlawful detainer actions. If you are in Southern California and you do not find an attorney in this forum, contact our office and we can help find you a referral.

Best of Luck.

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Answered on 11/18/08, 9:58 pm


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