Termination clause in employment contract - Arkansas

[LetMeQuit]

Jurisdiction

Arkansas

I have an employment contract. I am wondering if the following clause is enforceable in Arkansas.
One issue here is the clause states the Sep. 23, 2019 date, but the contract was signed by myself on 5/20/24 and my employer on 5/22/2024.
They just reprinted one of my original contracts, and modified my PTO terms and resigned it without updated and of the dates.

TERM AND TERMINATION. (a) Term and No-Cause Termination. This Agreement shall be effective as of September 23, 2019 and either party may terminate upon (90) days written notice to the other party for any reason whatsoever.

 

[Zigner]

Slavery was abolished long ago in the US.

With that said, there may be consequences to quitting that are outlined in some other part of your agreement. You would be wise to take your agreement to a local attorney for review.

 

[adjusterjack]

I have an employment contract. I am wondering if the following clause is enforceable in Arkansas.
One issue here is the clause states the Sep. 23, 2019 date, but the contract was signed by myself on 5/20/24 and my employer on 5/22/2024.

Should have been asking that question before you signed it.

Whether it's enforceable depends on what you and your employer got in return for agreeing to giving 90 days notice.

 

[Redemptionman]

Arkansas is a Right to Work state, regardless of contract. Generally at the state level they are unenforceable.

 

[adjusterjack]

Arkansas is a Right to Work state, regardless of contract. Generally at the state level they are unenforceable.

You mean "at will" state.

"Right to work" means one doesn't have to join a union to get a job.

 

[Redemptionman]

You mean "at will" state.

"Right to work" means one doesn't have to join a union to get a job.

It is Right to Work as well adopted the laws sometime in the 1940s but is at will. So, you or the employer may terminate the relationship at any time for any reason.

 

[Tax Counsel]

It is Right to Work as well adopted the laws sometime in the 1940s but is at will. So, you or the employer may terminate the relationship at any time for any reason.

The default employer/employee relationship in almost every state "at will". But if the employer and employee enter into a contract that limits the ability to terminate at any time the relationship is no longer at will. If the employee breaches the contract and leaves before the contract period is up the employer won't succeed in forcing the employee to return to work but the employer may win a money judgment against the employer for the breach.

 

[Tax Counsel]

It is Right to Work as well adopted the laws sometime in the 1940s but is at will. So, you or the employer may terminate the relationship at any time for any reason.

The employee may terminate the employment at any time for any reason if the employee did not enter into an enforceable employment contract that required the employee to work for the employer for some stated period of time, e.g. six months, a year, five years, etc. When they enter into that kind of contract the employment arrangement is no longer at will. If the employee quits before working for the time period he/she agreed to work the employer may sue the now former employee for breach of contract. The OP's information suggests that there may well be an enforceable employment agreement involved. I'd have to read the entire document that the OP is quoting from to know whether there is an enforceable contract.

 

[Tax Counsel]

TERM AND TERMINATION. (a) Term and No-Cause Termination. This Agreement shall be effective as of September 23, 2019 and either party may terminate upon (90) days written notice to the other party for any reason whatsoever.

If that term is in an actual employment contract between you and the employer the fact that the starting date is misstated typically will not void the contract. If the matter went to litigation the most likely outcome is that the court would reform the contract to reflect the intent of the parties, likely simply changing the starting date to in the contract to match when you actually began your work. Moreover the starting date of the contract doesn't effect the second clause of that sentence that requires each party to give 90 days notice of termination. No matter what the starting date was that term is unchanged: 90 days notice is required for termination of the employment arrangemen. I encourage you to take a copy of the document to an employment law attorney in your state to find out if it has everything necessary to make it an enforceable contract and if it does what risks you'll run if you leave without meeting that 90 period.

 

[Zigner]

If that term is in an actual employment contract between you and the employer the fact that the starting date is misstated typically will not void the contract.

I don't believe that the starting date is misstated. In this case, the two parties simply amended a prior contract to update some terms while leaving others unchanged.

 

[cbg]

A word on at-will vs right to work.

At-will is the doctrine under which an employee can quit for any reason, and an employer may term them for any reason that does not violate the law (barring a contract or CBA that says otherwise). Right to work means that you do not have to join a union to get work.

The only state that is not at least nominally at will is Montana, and even Montana recognizes the at-will doctrine in some situations.

Montana is not a right to work state.

Therefore, it can truthfully be said that every right to work state is also an employment at will state.

Now, can we put that argument to bed?