- June 18, 2024
- Posted by: legaleseblogger
- Category: Related News
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Understanding the Situation
Hi everyone,
I have a specific question regarding my agreement with a Dutch company, where I’m from a different EU country. I signed the agreement almost three months ago, and my manager recently informed me that my contract is being terminated due to underperformance during my probation period. However, my contract clearly states that the probation period is only two months, and they’re trying to use a different paragraph to justify the termination.
The Agreement
The paragraph in question states:
"4.3 Notwithstanding Sections 4.1 (start of the Effective Date) and 4.2 (probation period), either Party may terminate this Agreement with immediate effect in the event of a material breach by the other Party. A material breach shall include, but is not limited to, failure to comply with any of the terms and conditions of this Agreement."
My manager is claiming that my poor performance can be classified as a material breach, which I find unreasonable.
My Role as a Business Developer
As a business developer, my contract outlines the following responsibilities:
- Identification of potential businesses suitable for a Transaction by "this company"
- Introduction of identified businesses to "this company" and creation of an active dialogue between "this company" and the identified business
- Supporting "this company" in analyzing the identified business
- Providing services relating to pre-due diligence analysis, valuation, buy-side due diligence, transaction structuring, and other analysis of the identified business
The Issues
I joined on March 11th, but it took almost a month to gain proper access to the tools I needed to do my job properly. I was given a list of companies to review, and I spent significant time identifying and categorizing them. Although I only had a "meaningful dialogue" with two companies, I believe I made progress despite the delayed access to tools. Last week, my manager told me I needed to step up, and I managed to secure a few new meetings that would lead to meaningful dialogues. However, I was fired before those meetings even took place.
My manager claims that I won’t have a hard time proving I didn’t commit material underperformance, but I disagree. I believe I have a strong case and would like to know if I have a legal fighting chance if I take this to court.
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