I have second thoughts about my employment contract and want out!?
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I have second thoughts about my employment contract and want out!?
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I signed an employment contract in haste and in the folly of my youth did not read the fine print - I will be paid 65% less than I can be paid at other places. (I already have another job which pays well, 2 days a week).
This contract is for 3 hours a week for 12 months starting early next year 2009.
If I break the contract now, what are the legal ramifications?
I feel that because it's only 3 hours and not a full time 40 hour job that I have not greatly impacted on the company. Also the Department of Industrial relations tells me that I am technically not an employee of this company yet as the contract is yet to commence.
Also in reading other people's similar questions, especially the answer to one:
http://answers.yahoo.com/question/index;_ylt=AmXnzf7qbd2B4hE1MkISyRAjzKIX;_ylv=3?qid=20080722040103AAxf4FC
It seems I should be safe. (I'm in Australia but would like general advice from round the world)
What I'm asking is
(1) What is the absolute worst that can happen? The company is small and not enough funds to take me to court I believe.
(2) If you are an employer how would you deal with this situation. Would you even care? (This job is a non-essential role to the central function of the company).
THanks.
Additional Details
Thank you all and especially Employment Guy. The contract does not have any T's and C's about being in breach or what I must not do etc etc. (It seems dodgy after learning all about employment contracts). Nowhere does it say the terms of breach, or refer me to somewhere that does. I'll give my local free legal aid a call in a few minutes and then call the employer for a meeting. THank you.
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Employment Guy
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First, good for you that you took the time to search other people's questions here and consider the answers they received. A couple of additional thoughts. One, the gentleman who posted about "employment at will" -- even here in the US, that doesn't apply when there is a work contract. Second, I would suggest that you start by assuming that the employer will let you off the hook with no big fuss. It's a very real possibility: it's not in their best interest to employ someone with conflicting priorities or who simply doesn't want to be working there. My suggestion is that you come up with the best reason possible, something anyone can empathize with (whether you indulge in a white lie or not is up to you) to explain why honoring the contract you signed simply isn't feasible. With any luck, they'll tear up the contract and that's that. Good luck! |
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mia_morte_bella
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I also don't know the laws in Australia, but I would advise reading the contract in whole. There should be a section pertaining to breaking the contract and the terms of breaking said contract. Also, there should be terms in which you or the employer will be held in breach. Ideally, if you can't legally get out by breaking the contract you would want your employer to be in a position of breaching the contract. |
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kagerousan
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I have no idea what Australia's laws are on the subject. In the US, it varies from state to state. I happen to live in a "right to work" state, which essentially means that either I or my employer may terminate my employment at any time, with or without cause. I believe this makes contracts that require you to remain with the company for a certain amount of time unenforceable, but only an attorney could answer this for certain. |
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