If an employee is bound by contract to work for a firm for six months, what happens if they leave sooner?
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If an employee is bound by contract to work for a firm for six months, what happens if they leave sooner?
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For example, they just decide that they don't want to do the job anymore, but they have no good reason for it. What action can the employer take?
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Durt
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Since you're dealing with a breach of contract here, the employer will seek damages, that is, the cost of taking the time to replace the employee. Interesting though, is if the new employee they get requires more pay, the employee will have to pay the difference. However, the employer has the duty to mitigate damages, meaning that he has to do what is reasonable to find a new employee as fast as possible, and the best alternative at that.
BUUUTTT, if the employee has an defense or justification for nonperformance (but it doesn't seem like the issue here), then he may be able to get out of the contract w/out having to pay damages. |
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Artman
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In simple words, the employer can sue for "breach of contract", For how much? It depends on the nature of the job.
But I'd advice to talk to the employer first, sometimes both parties can agree to terminate the contract on good terms. Who knows, maybe the employer wants to get rid of the employee too, so it doesn't hurt to ask. |
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Mercer Devil
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It would depend on the terms of the contract. |
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Craig R
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Read the contract. |
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Jeff
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It will be outlined in the contract. Look for "default" |
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tony c
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they can be sued for breach of contract especially if the company loses out financially on the agreement. |
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kavekarst
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If the firm is based in USA then Labour Laws apply.
If the employee is bound by contract to work for a firm for six months
should the new hire arrive in (enter name of some God-forsaken land)
from the USA and then announce with one foot upon foreign soil,
"Bugger this contract, I quit!", USA Labour Law requires employeer to
transport their former new hire at firm expense back to nearest portion
of America soon as reasonably possible. Should American new hire be employed by a firm not based in the USA then laws of whatever nation an employee happens to be in apply regarding labour contracts.
Bottom line - National laws override Business Proceedures. |
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Gustavo G
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you die |
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