LAW 529 Chapter Notes - Chapter 11: Mandatory Retirement, The Employer
Document Summary
Chapter 11- termination by agreement of the parties. Termination of the employment contract by agreement of the parties: the most common situations are contracts for a fixed term or fixed task and contracts that include an agreed upon retirement date: If a fixed term contract of 3 years is terminated by the employer after only. If any uncertainty exists about whether both parties intended to replace the more typical duty to provide notice with some other requirement, judges usually revert to (cid:862)reaso(cid:374)a(cid:271)le (cid:374)oti(cid:272)e(cid:863). If an employee remains employed beyond the end of a fixed term, the contract becomes one of indefinite term and subject to the implied obligation to provide reasonable notice of termination. Termination according to a contractual notice clause: termination clauses would replace the implied term requiring reasonable notice under the common law model. In this case, the court may refuse to enforce a contract term in the original contract.