[Pronutan3191]

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Pronutan3191
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April 26, 2025 at 3:40 am

NAL.
I have seen people face this conundrum a few times in my career.
A. The contract typically says either party can terminate the contract with a certain notice period,which has a buyout clause. If you terminate the contract, you either pay or serve.
But if the org terminates the contract, they are also liable to pay. You terminating the contract does not change the contract in any way- meaning if they choose to terminate you in return, they are invoking the same clause and not a different one. (and hence should pay)
In any case, if they are dressing this up as ” termination on performance” , they need grounds-ask them for this. There needs to be a paper trail-warnings, PIP etc. And if they term it as a RIF, then too, they have to pay severance.
B. From a logical standpoint, the clause on material changes to contract sounds exploitative with unfaif burden on the employee. Nevertheless, as others said, any such change to a clause cannot be intimated after a clause has been invoked. It should have been well documented and informed. Ask for any notice that was sent out, date of revision etc. Be very vocal on this, put this on email

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