QUESTION

Are the terms contained in an offer letter considered to be a binding contract in the State of California?

Asked on Sep 11th, 2013 on Wrongful Termination - California
More details to this question:
1.offer letter stipulates geographical relocation required by a certain deadline; 2.employee meets stipulations 60 days ahead of the deadline; 3.employee works from home office 100% of time in new geographic location (customary practice across organization) 4. Employee returns home (previous state of residency) to seek medical attention 5. Discloses Disability protected under ADA to employer and requests a medical accommodation to work remotely in home state based on treatment plan with Physician 6. Accommodation denied, resignation demanded based on stipulation to "relocate" outlined in offer letter 7. Employment terminated Employee asserts A good faith effort was made to meet all requirements. Wrongful termination? Violation of ADA?
Report Abuse

1 ANSWER

You pose a very interesting case in which I would love to help you with.  Thank you for the well written question.  This issues deals with whether the employee breached the contract or whether the company violated public policy in terminating the employee.  It is true that provisions in a contract are legally enforceable.  Here, the provision appears to deal with the physical location of the employee.  If the provision was clearly and expressly stated in the contract it can be interpreted as a contingency to adequate performance.  If the physical location of the employee was what was "bargained for"  in exchange for payment, then there is a strong case that the employee breached the contract.  HOWEVER, this case and issue is interesting  because there is an equally competing  cause  supported by public policy.  There are certain laws that prohibit employers from terminating employees because of disability.  Also, retaliating against an employee because of medical leave or medical condition is prohibited both under state and federal law.  If I were representing the employer I would argue that, the employer is only required to make reasonable accommodations unless there is a legitimate and justifiable business necessity that relieves the employer of the duty to make accommodations.  Based on the face of the issue, I believe the employers strongest arguments would include: There was no discrimination because the decision to terminate was based on a breach of an express contingency to performance which because of business neccesity could not be altered to accommodate employee.   The decision to terminate does not appear to be based solely or in part on disability. Also, employer could argue there was not duty to accommodate because the employee could not perform his duties even if reasonable accommodations could be made.  These are just a couple of the possible arguments that could be made.  I invite you to contact me. I need to read the contract so I can provide you with a more detailed answer. I can help you.  dadalaw@comcast.net Codi M. Dada, Attorney at Law "Doing everything I can to make good things happen."
Answered on Sep 12th, 2013 at 6:54 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters