My question involves labor and employment law for the state of: NY
My partner has been working for a non-profit helping them organize a conference. The organization decided last week to cancel the conference and has told him his employment has been terminated, effective immediately. He has an employment contract that is supposed to extend to June 30th. There is no explicit termination clause in the contract. What is he owed? THANKS in advance for any advice.
Here are some details from the contract:
This is an agreement regarding the services that you have agreed to provide to XXX for the period from January 5, 2014 through June 30, 2015 with respect to the XXX conference. You will undertake the following assignments.
***list of things he is supposed to take care of***
For these services, XXX will pay you a fee of $18,000. It will be paid in 6 monthly installments of $3000 each upon receipt of an invoice from you specifying the tasks accomplished. The 6 installments will be paid at the end of January, February, March, April, May and the last installment upon completion of the project on June 30, 2015.
The following provisions also apply:
Arbitration:
The parties will endeavor to settle amicably any disputes, differences or claims
whatsoever related to this Agreement. Failing such amicable settlement, any
controversy, claim or dispute arising under or relating to this Agreement,
including the existence, validity, interpretation, performance, termination or
breach thereof, shall be finally settled by arbitration in accordance with the
Arbitration Rules (and if you are a non-U.S. entity, the International Arbitration
Rules) of the American Arbitration Association (AAA). There will be three (3)
arbitrators (theArbitration Tribunal), the first of which will be appointed by the
claimant in its notice of arbitration, the second of which will be appointed by the
respondent Within thirty (30) days of the appointment of the first arbitrator and the
third of which Will be jointly appointed by the party-appointed arbitrators within
thirty (3 0) days thereafter. The Arbitration Tribunal will not have the authority to
award punitive damages to either party. Each party shall bear its own expenses,
but the parties will share equally the expenses of the Arbitration Tribunal and the
AAA. This Agreement will be enforceable, any arbitration award will be final,
and judgment thereon may be entered in any court of competent jurisdiction. The
arbitration will be held in New York City.
Miscellaneous
Neither party shall make any assignment of this Agreement, or any of its rights or
duties hereunder, except with the prior written consent of the other party.
This Agreement shall be governed by and construed in accordance with the laws
of the State of New York applicable to agreements made and to be performed
wholly therein. Both parties agree to submit to the jurisdiction of the Supreme
Court of the State of New York, County of New York, and the United States
District Court for the Southern District of New York, and the parties hereby waive
any claim that such court(s) do not have jurisdiction or that venue is improper or
that such courts are an inconvenient forum.
This Agreement constitutes the entire agreement between the parties with respect
to the subject matter hereof and supersedes any and all prior negotiations,
agreements or understanding, written or oral.
No amendment to, or change, Waiver or discharge of, any provision of this
Agreement shall be valid unless in writing and signed by an authorized
representative of each of the parties.
Neither party shall be liable for, nor will the measure of damages include, any
indirect, incidental, special or consequential damages or amounts for loss of
income, profits or savings arising our of or relating to its performance of failure to
perform under this Agreement. Each party's sole liability for direct damages
(exclusive of liability for breach of any representation or warranty) shall be
limited to the total amount of fees payable hereunder.
Each party agrees that, subsequent to the execution and delivery of this
Agreement and, without any additional consideration, such party shall execute
and deliver any further legal instrument and perform any acts that are or may
become necessary to effectuate the purposes of this Agreement.
If any provision of this Agreement is held by a court of competent jurisdiction to
be invalid or unenforceable for any reason, the remaining provisions of this
Agreement, if capable of substantial performance, shall remain in full force and
effect.
This Agreement may be executed by the parties in two counterparts, which shall
constitute one and the same agreement. Each party's counterpart original may
contain two signature pages, one of which may be a facsimile (faX) of the
signature page signed by the other party, and each such counterpart shall
constitute an original of this Agreement.
My partner has been working for a non-profit helping them organize a conference. The organization decided last week to cancel the conference and has told him his employment has been terminated, effective immediately. He has an employment contract that is supposed to extend to June 30th. There is no explicit termination clause in the contract. What is he owed? THANKS in advance for any advice.
Here are some details from the contract:
This is an agreement regarding the services that you have agreed to provide to XXX for the period from January 5, 2014 through June 30, 2015 with respect to the XXX conference. You will undertake the following assignments.
***list of things he is supposed to take care of***
For these services, XXX will pay you a fee of $18,000. It will be paid in 6 monthly installments of $3000 each upon receipt of an invoice from you specifying the tasks accomplished. The 6 installments will be paid at the end of January, February, March, April, May and the last installment upon completion of the project on June 30, 2015.
The following provisions also apply:
Arbitration:
The parties will endeavor to settle amicably any disputes, differences or claims
whatsoever related to this Agreement. Failing such amicable settlement, any
controversy, claim or dispute arising under or relating to this Agreement,
including the existence, validity, interpretation, performance, termination or
breach thereof, shall be finally settled by arbitration in accordance with the
Arbitration Rules (and if you are a non-U.S. entity, the International Arbitration
Rules) of the American Arbitration Association (AAA). There will be three (3)
arbitrators (theArbitration Tribunal), the first of which will be appointed by the
claimant in its notice of arbitration, the second of which will be appointed by the
respondent Within thirty (30) days of the appointment of the first arbitrator and the
third of which Will be jointly appointed by the party-appointed arbitrators within
thirty (3 0) days thereafter. The Arbitration Tribunal will not have the authority to
award punitive damages to either party. Each party shall bear its own expenses,
but the parties will share equally the expenses of the Arbitration Tribunal and the
AAA. This Agreement will be enforceable, any arbitration award will be final,
and judgment thereon may be entered in any court of competent jurisdiction. The
arbitration will be held in New York City.
Miscellaneous
Neither party shall make any assignment of this Agreement, or any of its rights or
duties hereunder, except with the prior written consent of the other party.
This Agreement shall be governed by and construed in accordance with the laws
of the State of New York applicable to agreements made and to be performed
wholly therein. Both parties agree to submit to the jurisdiction of the Supreme
Court of the State of New York, County of New York, and the United States
District Court for the Southern District of New York, and the parties hereby waive
any claim that such court(s) do not have jurisdiction or that venue is improper or
that such courts are an inconvenient forum.
This Agreement constitutes the entire agreement between the parties with respect
to the subject matter hereof and supersedes any and all prior negotiations,
agreements or understanding, written or oral.
No amendment to, or change, Waiver or discharge of, any provision of this
Agreement shall be valid unless in writing and signed by an authorized
representative of each of the parties.
Neither party shall be liable for, nor will the measure of damages include, any
indirect, incidental, special or consequential damages or amounts for loss of
income, profits or savings arising our of or relating to its performance of failure to
perform under this Agreement. Each party's sole liability for direct damages
(exclusive of liability for breach of any representation or warranty) shall be
limited to the total amount of fees payable hereunder.
Each party agrees that, subsequent to the execution and delivery of this
Agreement and, without any additional consideration, such party shall execute
and deliver any further legal instrument and perform any acts that are or may
become necessary to effectuate the purposes of this Agreement.
If any provision of this Agreement is held by a court of competent jurisdiction to
be invalid or unenforceable for any reason, the remaining provisions of this
Agreement, if capable of substantial performance, shall remain in full force and
effect.
This Agreement may be executed by the parties in two counterparts, which shall
constitute one and the same agreement. Each party's counterpart original may
contain two signature pages, one of which may be a facsimile (faX) of the
signature page signed by the other party, and each such counterpart shall
constitute an original of this Agreement.
Layoffs and Reductions in Force Job Eliminated with Unclear Contract
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