QUESTION

I am a UK based contractor that has a contract with a NJ based company to provide my services.

Asked on Oct 31st, 2013 on Breach of Contract - New Jersey
More details to this question:
The contract states ; "This agreement may terminated by either party at any time for any reason by providing 30 days advanced written notice. Termination shall be effective on the 30th day following receipt of a termination notice" And "Any notice permitted or required to be made under this agreement shall be made by (i) reliable overnight or next day delivery service (FedEx; DHL) or (ii) United States certified mail, receipt requested, Notice shall be effective as upon receipt as per the delivery means." Today, (30/10/2013) I received an e-mail terminating me as of the e-mail,and a flat refusal to follow the contract or forward the termination notice period payment. .....................................................................Can I get my termination payment........................................................................
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1 ANSWER

Appellate Practice Attorney serving New York, NY
First, I will assume that the contract is governed by NJ law.  I know nothing about UK law, and it may be very different. The fact that the contract could be terminated for any reason upon 30 days written notice does not mean that it could not be terminated for other reasons which do not require 30 days written notice.   For example, if you had materially breached the agreement in some respect, there is nothing in this clause which would require the other side to give you 30 days written notice in order to terminate.  That being said, if a judge or jury holds that there was no other ground for termination, you should be entitled to 30 days notice, and to recover any damages you suffered due to the failure to give you such notice.  I view the email versus snail mail to be immaterial (particularly if you customarily dealt in emails), but some Court might view it differently and give you a few more days damages due to the failure to follow the procedure set forth in the contract.
Answered on Oct 31st, 2013 at 4:11 PM

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