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Implied Renewal Of Employment Agreements

By Jeffrey S. Klein and Nicholas J. Pappas
April 26, 2006

Employers frequently enter into employment agreements with their employees for a fixed period of time at a stated annual salary. What happens if, at the end of such an agreement's term, both parties continue to perform under the expired employment agreement as if the agreement were still in effect?

Perhaps the parties have negotiated, but not consummated, an extension or new agreement. Under these circumstances, employers might think that, because the em-ployment agreement has expired, the employment relationship converts to 'employment-at-will,' and thus either the employer or the employee may terminate the relationship at any time for any lawful reason.

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