When is a termiation effective?

Get Legal Help Today

 Secured with SHA-256 Encryption

When is a termiation effective?

My husband and I own a small vineyard. It has been managed for 5 years by a local vineyard manager without a written contract, just a hand shake. Due to a disagreement on certain vineyard practices, my husband texted the manager last month,

Asked on July 21, 2019 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

When there is no written contract to the contrary, employment is employment at will. An oral contract ("oral," not "verbal" is the correct term) is terminable at will, on no notice, by either party. So when your husband said, "you're fired," the manager was fired immediately. He was terminated on the spot when your husband said "you're fired." He therefore did not owe you any work after you fired him and did not quit, because he was fired first.
If he work for, provided services for, etc. you prior to his termination, you need to pay him--i.e. pay the invoice--less anything you can prove or show he agreed to not charge for.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption