offer letter question

In an offer letter, the following is written.

5. Termination of Employment. Employee's employment will continue indefinitely until terminated by either party in accordance with Section 5.

5.1. By the Company

(a) With Cause. The Company may terminate Employee's employment pursuant to this Agreement for Cause, as defined beiow. immediately upon written notice to Employee.

(b) Cause.

"Cause" shall mean any of the following:

(i) the failure to perform substantially his or her
duties for the Company or a Company client, which failure remains uncured seven days after written notice from the Company of the failure;

(ii) failure to accept an job assignments in good faith. The Company retains sole
discretion to determine whether Cause exists.

Can you please confirm what is the difference b/w (i) and (ii)?
Dinesh KumarAsked:
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AndyAinscowFreelance programmer / ConsultantCommented:
I think you need to ask a lawyer if you need to know precisely.  If you are happy with guesswork which might be wrong then say so.
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Dinesh KumarAuthor Commented:
The difference I am seeing is that  (i) requires written notice

and (ii) says no written notice employer will just say I am not happy with your work so terminating you. The question here I see suppose I am techincal person and CEO is non-techincal person how can he decides if I am working well or not. I mean He is not eligible to decide it.
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käµfm³d 👽Commented:
I agree that you should be consulting a lawyer for any kind of legal agreement.

To me, the difference is that (i) is saying that you can be terminated if you are not performing tasks in a manner that is acceptable for the employer (e.g. turning in assignments on time, on budget, etc.) and (ii) is saying that you can be terminated if you flat out refuse to perform a task (e.g. I will not do that assignment because it appears to be taking advantage of a customer). I'm only offering my interpretation, and I am not a lawyer.
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AndyAinscowFreelance programmer / ConsultantCommented:
In my laymans opinion in addition to what kaufmed says it seems like clause ii can be an immediate termination wheras clause i looks to require written notice that if you do not improve then your employment will be terminated - conditional, not necessarily a firing.
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Dinesh KumarAuthor Commented:
kaufmed:  If employer is non-technical and its a start up company but registered, and I am .net developer and employer don't know anything about .net My question is that He is not eligible to decide my performance even if he is the CEO of the company.

Right?
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AndyAinscowFreelance programmer / ConsultantCommented:
Consider this:
He asks you if you can do xxxx by next week.  You say no problem.  One month later it still isn't done.  I think most people would say he can decide you are not doing your tasks competently despite not him knowing .net / programming.  You said it would take one week and it is now three weeks late.  Either you had no idea how long it would take or you can't complete a simple task.
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käµfm³d 👽Commented:
My question is that He is not eligible to decide my performance even if he is the CEO of the company
Honestly, it's his money, and he signs the checks. More than likely it won't matter what his technical knowledge is; if he thinks you are under-performing, then he most likely has the power to fire you. This is going to depend on your jurisdiction (i.e. where you live), but in my state (Florida, USA) an employer can fire you for any or no reason at all (termed "at-will employment") if you are not a contracted employee. You could be fired for having red shoelaces on. The only thing you cannot be fired for is any form of discrimination protected under the law (e.g. because you're a woman, because you're a Jew, because your black, because you're old, etc.). If you are a contracted employee, then you have to meet the expectations of your contract, otherwise you are "in breach of contract," and you could be subject to more than just a firing--depending on what your contract states.

As much as you don't want to hear it (no one ever does), this is really something you should seek a legal opinion for.
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EirmanChief Operations ManagerCommented:
The fact that there is a glaring grammatical error indicates to me that the wording was not created by a lawyer or it's a poor translation.
failure to accept an job assignments in good faith.
The word an should not be there,

The use of the word uncured is bizarre in this legal document (should be unremedied or something similar).

The whole document has the 'feel' of having been literally translated from some other language.
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Dinesh KumarAuthor Commented:
I will seek legal opinion about this as per the offer letter. Thank you.
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Dinesh KumarAuthor Commented:
Netminder: its a real life situation.
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Dinesh KumarAuthor Commented:
for now I have concluded this way:

ONE:

I performed very well.  I don't know How my performance is mesaured.

I strongly recommend that there is no one in the company who can measure my performance as there is no one who is technical  person other than me in the company.

I have 7+ years of experience and I got a very good reviews from my previous companies.

So I advice the company either to  have trust in my abilities or arrange a resource senior than me who can judge my skills and performance.

 

TWO:

As per the offer letter you should send me  a special email mentioning(Written notice) that the next 7 days are I am having and I need to improve in those 7 days. I didn't get any such message.

Offer letter is a commitment from your side and prepared by you itself so that needs to be taken care of. This has been violated.

ONE+TWO => I cannot accept the termination letter.
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AndyAinscowFreelance programmer / ConsultantCommented:
>>I cannot accept the termination letter.

I have to repeat myself - Talk to a lawyer.
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Dinesh KumarAuthor Commented:
Ok, One more suggestion required, I am having the termination letter of the company where I worked for 2 months and my total exp. is 7+

1. How should I proceed further for other job  with the termination letter(TL)?
2. Can I get experience letter along with TL?
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Dinesh KumarAuthor Commented:
Please reply my last comment.
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AndyAinscowFreelance programmer / ConsultantCommented:
1) The way you would if you had left yourself rather than being fired.
2) How should we know - ask your boss if he will supply one.
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Dinesh KumarAuthor Commented:
Thank you.
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