Legal Question in Employment Law in Pennsylvania

Contract Termination clauses

Does this clause seem fair?

'Termination by Employee: The employee may

terminate

this contract only at the end of a term, with or

without cause, and then only upon one hundred and

twenty (120) days advance written notice delivered

personally or by certified mail to one of the

owners

of the hospital at the employer's address listed

in

this agreement. If the written notice is sent by

certified mail, it must be restricted to be signed

as

received by at least one of the owners of the

hospital, and it must be signed as received at

least

one hundred twenty (120) days prior to the end of

the

term of this agreement.

Termination by employer: The employer may

terminate

this contract at the end of the term, with or

without

cause, and then only upon at least sixty (60) days

advance notice delivered personally or by

certified or

registered mail to the employee's address as given

to

employer from time to time. in the event that the

employer terminates the employee, the employer

shall

be obligated in that event to pay the employee

compensation up to the date of termination as long

as

the employee is still wo


Asked on 1/18/02, 1:17 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Contract Termination clauses

It's difficult to answer your question without

knowing: How long is a term?

What are the penalties to the employee

who violates the notice provisions?

The clauses you have cited gives no information on these issues. It may be reasonable for the employer,which happens to be a hospital,to require

120 days of advance notice of an employee's intent to terminate in order to meet staffing requirements, whereas in some other line of work, this requirement would not be reasonable.

It's also possibe that there are state labor law or even local union contract provisions which could invalidate all or or part of these provisions.

Read more
Answered on 1/18/02, 11:02 am


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