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question about employee terminating a contract with employer New Mexico New York

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  • question about employee terminating a contract with employer New Mexico New York

    When I started my current job, I signed a contract that bound me to work for the company for one year. I am currently mid-way through the year, but the job pays horribly, I'm treated poorly, and I was recently offered a far superior job with a different company. However, in the contract that I originally signed, there is no mention whatsoever about under what terms may I terminate the contract. The only thing that is mentioned is what reasons the employer may give for terminating the contract. I contacted a friend familiar with labor law who said that my leaving the job could result in my getting sued by the company for breach of contract.

    Is this true? Do I really have no recourse whatsoever to extricate myself from this position?

    I fully realize that it may be impossible for people to comment on an agreement that they haven't read. However, I think what's pertinent is that there is nothing in the agreement regarding why the employee (me) can terminate the contract. The important question would then be is there any kind of agreement that can lock in a person for a year, and through which they can be punished with a lawsuit if they don't abide by the agreed upon length of service.
    Last edited by kenneth234; 08-29-2006, 06:41 PM.

  • #2
    What matters is if your agreement is enforceable. No one here can tell you yes or no to that argument. The suggestion of obtaining legal counsel is advisable.

    Your friend gave you sound advice. You may be held liable should the agreement be considered enforceable. Just because you have negotiated a better deal with another company doesn't provide absolution from your signed agreement with your current employer.

    rjc, I think this one's for you.

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    • #3
      enforceability

      what determines whether or not an agreement is deemed to be enforceable or not?

      also, thanks for the reply

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      • #4
        Originally posted by kenneth234
        what determines whether or not an agreement is deemed to be enforceable or not?
        Many things too numerous to go in detail here.

        However, the absence of language under which you are able to terminate the relationship suggests that the contract may be unenforceable, especially where such language is provided for the employer. Nevertheless, I think it woukd be a difficult argument to suggest to a court that a better opportunity would be grounds to termiante an otherwise enforceable employment contract.

        What specific grounds are provided for the employer to terminate? Did the employer fail to abide by any terms of the contract?

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