Opinion from 8th Circuit Court of Appeals affirming US District Court granting plaintiff's motion for summary judgment. Plaintiff sought to recover severance benefits from former employer. Employment contract stated that notices regarding renewal of employment agreement had to be given within 90 days of anniversary date of agreement. Employer gave notice of termination of agreement more than 90 days before anniversary date, but then rescinded termination less than 90 days before anniversary date. Employee disregarded rescission, and stopped working on anniversary date of agreement. Court stated that rescission less than 90 days before anniversary date was a nullity, and that plaintiff bargained for advance notice date.
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Labor & Employment Law Updates
Federal, 8th Circuit, Missouri |
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