Legal Question in Business Law in New York

Does this mean that I am discharged from my obligation of performance.

I was hired by a University to teach a class for a certain amount a month. After two months, the building I teach in was destroyed in a fire. The university refuses to pay me any further salary saying they are discharged from their obligation of performance. Is this true, and I am discharged from my obligation of performance?


Asked on 11/07/06, 8:37 pm

3 Answers from Attorneys

Kristen Browde Browde Law, P.C.

Re: Does this mean that I am discharged from my obligation of performance.

It's hard to give a definitive answer without knowing a few more facts. Is your agreement with the University written? If so, the language of the contract will control. If the contract is silent on the issue, then it gets a bit more complicated.

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Answered on 11/07/06, 9:06 pm
David Simon Hogan & Rossi

Re: Does this mean that I am discharged from my obligation of performance.

More information is required.

If you have a written employment contract, look for provisions dealing with termination, and in particular, what events, if any, automatically cancel the contract.

If you fall within a certain class of employees, and there are established guidelines and policies, see if any language there provides any answers.

Has the University argued that you are an 'at will' employee and given you notice terminating your position? If you have no employment contract then arguably they can terminate you 'at will'.

Lastly, impossibility of performance may provide a basis to terminate a contract or excuse performance. If it became impossible for the University to fulfill its obligations due to the fire, then arguably there is a basis to cancel the employment.

This last argument may be flawed if the University created the fire in the first place, in which case they have 'unclean hands', but it seems an unlikely scenario.

You need to see a lawyer and bring every agreement, guideline, policy and notice to get complete and accurate advice.

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Answered on 11/07/06, 11:29 pm
Stephen Loeb Law Office of Stephen R. Loeb

Re: Does this mean that I am discharged from my obligation of performance.

Most likely, absent a contract, or if a contract exists but doesn't specify what occurrs as a result of a fire, you are now discharged from obligation. I would be happy to review your situation in detail though to give you a more definitive answer.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

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Answered on 11/08/06, 10:10 am


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