Is my employment contact void?
Asked by
Brianaccc (
4)
October 16th, 2022
from iPhone
I signed a three year contract last October but was given a promotion in May. I now make more than I would based off guaranteed raises in my contract. Is my contract void?
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5 Answers
I think we would need to know the jurisdiction of your contract at a minimum to guess at this. I don’t believe we have any lawyers here, but there are some folks who are pretty familiar with legal issues. Obviously contacting a local employment lawyer is the best course of action here and any answer you get could be inaccurate.
My guess is that the contract is still in play and that the parts of it that are enforceable are still enforceable and the ones that are no longer valid due to the promotion are not. That’s assuming your contract has a severability clause. I’m not a lawyer, and this is just a guess from a random asshole on the internet.
The devil is in the details – and by that, I mean the small print. As @gorillapaws noted, in many (not all) contracts, other clauses remain in force even if one of them changes. But that’s not 100% of the time, and there maybe specific differences or employment/labor contracts because those are covered by other laws.
The best thing to do would to get an employment lawyer to check on it, and the second best would be to talk with HR (and your boss).
We’re not experts, and we don’t have the contract in front of us, so there’s no way to know for sure.
Go to HR to request cancellation or modification of your previous contract. In writing. We cannot give you an answer due to unknown details.
If you were promoted into a different position then probably yes. The contract was for probably just for the old position so now no longer in force.
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