Leaving a Job Under Contract

It may become necessary to leave a job you are under a contract to perform.

Upon hiring, many employers require employees to sign an employment contract. Depending on the terms of the contract, the employee may agree to work for the employer for a term of years. However, it may become necessary to violate the terms of the employment contract. For example, you may want to quit your job for personal reasons, or if you are unhappy with the position. Unfortunately, leaving a job under contract can cause an employer to take legal action against you.

Instructions

1. Contact a lawyer to discuss the terms of your employment contract. Many legal excuses exist that may prevent you from completing the terms of the contract. However, only a lawyer will be able to understand the terms of the employment contract and whether an excuse, like inability to perform, is applicable to your situation.

2. Renegotiate your contract with the employer. Depending on the employer, you may need to discuss this with your boss or an individual in the company’s human resources department. In addition, it may be possible for you and your employer to reach an agreement. For example, an employer may not take legal action against you for breach of contract if you are willing to stay in the position until the employer hires a new individual.

3. Attend arbitration, if necessary. Many employment contracts stipulate the employer and employee will resolve all issues involving the contract in arbitration. Arbitration has many benefits, including it is much faster than typical litigation and is more affordable.

4. Prepare yourself to pay a penalty for violating the terms of the employment contract if you do not have a valid contractual excuse for leaving the position, and you cannot renegotiate the contract. The employer can sue you for a breach of contract. In a breach of contract action, if successful, the employer is entitled to compensation necessary to find and train a new employee for your position. In addition, depending on the terms of your contract, damages can also include the cost of advertising the position and moving expenses for the new employee.

References

• Justia: Hiring & Employment Contracts
• Nolo: Written Employment Contracts, Pros and Cons