QUESTION
Do I have a legitimate case for a breach of contract lawsuit?
Asked on Aug 27th, 2013 on Breach of Contract - Ohio
More details to this question:
I agreed to quit my job to become a full time nanny. I was promised 30 hours a week for $15/ hour. The job was long term, over a year. A week into the job the mother I was nannying for informed me that they no longer had the funds to pay me, and couldn't employ me anymore. I was informed Sunday evening, when I was supposed to work the next day for them. There was no grace period or two weeks notice. I lost over $1600 a month that I was counting on.
1 ANSWER
1 Award
Was there a written contract?
First, you mentioned that the job was supposed to last more than a year. Pursuant to ORC 1335.05, Statute of Frauds, any contract that cannot be performed within one your must be in writing. Based on your statement above, the job was supposed to be for more than one year and therefore could not be performed within the year; therefore there would need to be a contract for it is be enforceable.
Secondly, Ohio is an at-will employment state. Therefore an employer can terminate employment for any reason or no reason at any time, provided they have not violated discrimination laws which does not appear to be the case here.
If there is not a written contract I do not believe you would have a cause of action for a breach of contract.
Answered on Aug 30th, 2013 at 10:28 AM
The answer provided is not legal advice and it is recommended that you seek advice of an attorney.