Employment agreement termination

Employer’s termination of employment agreement must comply with contract provisions

When an employment agreement specifies certain acts or actions to be performed to effectuate a termination, the employer must follow the procedure as outlined in the employment agreement, or it is deemed a breach of the agreement. Kalus v. Prime Care Physicians, 20 A.D.3d 452 [2d Dept. 2005]; Scudder v. Jack Hall Plumbing, 302 A.D.2d 848, 850 [3d Dept. 2003]; Hanson v. Capital District Sports, 218 A.D.2d 909, 911 [3d Dept. 1995] (“If there was cause, plaintiff could not be discharged absent compliance with the relevant provisions of the employment contract. In view of defendant’s demonstrated noncompliance, in either case, the discharge would be ineffective and plaintiff would be entitled to the relief demanded in the complaint.”).

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