If I have an employment contract and my company is relocating out of state, can my employer terminate me if I do not relocate?

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If I have an employment contract and my company is relocating out of state, can my employer terminate me if I do not relocate?

I have a 1 year contract that states if I am terminated for anything other than cause, that I will be paid for the lengthof my contract or 6 months – whatever is greater. What options does my employer, as well as myself have?

Asked on February 25, 2012 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

For a definitive answer, you need to have an employment attorney review the contract in detail, as well as the situation--contracts are controlled by their terms, and seemingly small or minor differences in the exact language used in the contract can often change the outcome significantly. Given what is at stake, it is well worth your while to consult with a lawyer.

All that said, the most common interpretation for the type of clause you describe would be that if you did not relocate, you would be entitled to your severance; the company is eliminating your job at the location whereat you were working, which is termating your employment, not for cause. But again, you need to have a lawyer review the contract and  situation with you, to really understand your rights. Good luck.

 


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