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Leaving Job Before 12mo Commitment

Discussion in 'Employment Contracts & Work Policies' started by anon247, Feb 11, 2016.

  1. anon247

    anon247 Law Topic Starter Guest

    Jurisdiction:
    Florida
    I have been working at my job for 6 months. I signed a compensation/offer letter when I joined the company that includes a sentence: "12 month minimum working requirement"

    The job has turned out to be a nightmare and I have another job opportunity. I am afraid that if I quit they will attempt to sue me for the 6 months of pay that I have earned. They have sued employees in the past for other reasons and I feel they are sue happy. There is nothing else in the letter stating what they would do if I didnt stay for 12 months. Is it safe to leave? Or should I 'get fired' before leaving so they break the contract?
     
  2. adjusterjack

    adjusterjack Super Moderator

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    Well, we can't read the "contract" from here so worst case scenario, if it is a bona fide employment contract, apparently with a specific duration in exchange for compensation, then you would be in breach if you quit. That the job is a nightmare is not good cause to quit unless whatever is happening already constitutes the employer breaching the contract.

    As for getting fired, you could still be in breach if you intentionally do something, or not do something, that results in getting fired.

    Tread carefully here because a lawsuit could cost you a great deal of money to defend and make you unemployable.

    I suggest you take the contract to an labor law attorney and review your options.

    You might just have to stick it out for another 6 months.

    You won't be the first person (and you won't be the last) that had to contend with a job that sucks.
     
  3. Betty3

    Betty3 Super Moderator

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    If it is a compensation/offer letter, they generally do not rise to the level of a binding employment contract. However, I agree that you should take whatever you have to an employment or contract attorney for review & advice.

    I don't suggest getting fired. That might backfire.
     
  4. anon247

    anon247 New Member

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    Here is a link to my offer letter (with personal details removed): http://s14.postimg.org/vppce7x35/job_offer.jpg

    Also, 'being fired' would not be bad for me (other than potential legal). I have calculated the ramifications to be minimal if none at all.
    as14.postimg.org_vppce7x35_job_offer.jpg
     
    Last edited: Feb 12, 2016
  5. adjusterjack

    adjusterjack Super Moderator

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    One of the key elements of a binding employment contract is that it be for a specific length of time. That agreement seems to have that element.

    Unfortunately, the contract is poorly written and is missing another key element, a termination clause.

    There are elements of contract law that point to the contract being enforceable and there are elements of contract law that point to it being unenforceable.

    Lawyers spend many months studying contracts in law school so it would be useless to try to teach you contract law on this site.

    And even if we conclude that the contract is not enforceable, being right doesn't prevent the lawsuit from being handed to you.

    Under the circumstances, if you quit, you would just have to take your chances. There's really no way to predict what your employer could or will do.

    So, either spend a little money now and get a professional legal opinion or risk spending a lot of money later if you have to defend against a lawsuit.
     
  6. anon247

    anon247 New Member

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    Thank you very much for your feedback. GREATLY appreciated.
     
  7. Betty3

    Betty3 Super Moderator

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    Agree with taking what you have to an employment or contract attorney for review & advice.

    You said getting fired would not be bad for you. In my own opinion, it is not a good idea to do something to deliberately get fired. Depending on the reason, sometime in the future, it could come back & hurt you.
     

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