QUESTION
Does my wife have to honor her employment contract if she was not given a scheduled raise?
Asked on Apr 29th, 2014 on Employment Contracts - Illinois
More details to this question:
The contract stipulates that she give 60 days notice before leaving the job but ever since she gave that notice things have been uncomfortable at work (as they often are in this situation). She was due to get a 3% raise a few months ago that he never gave to her and this is also stipulated in the contract. Did he in a sense already break the terms of the contract which leaves her open to not honoring the 60 days notice clause?
1 ANSWER
Generally, one party's breach of a material term of a contract relieves the other party from performance. If the 3% raise was a material term of the employment contract (it probably was), then the employer's breach of that requirement should relieve your wife from her contractual obligation to give 60 days notice.
Answered on Apr 29th, 2014 at 3:27 PM