Breach Of Employment Contract Before Start Date

[Zakaria]

I have signed with a company to start on the 1st of March. we signed a statement that I start on that date while in order to terminate the employement, the terminating party must give the other party a 30 day notice.

During the last two weeks, the company had to prepare for me a training travel plan to europe where they paid the airplane ticket and reserved a hotel room for a month.

Last week I learned for personal reasons I can not relocate to Atlanta, GA, where the company is located, so on the 29th I sent an email to the manager that I can not join their company due to personal reasons.

Today, he called me asking for reimbersument for all expenses they had to pay for, and emplied that I have breached the contract of not giving a 30 day notice.

My question is:
1) Did I breach the contract even though I told him I can not join the company after all on the 29th of February?
2) Do I have to reimburse the company for the air plane ticket and the other expenses?
3) Can the employer sue me based on such information?

[Betty3]

You might want to have the contract/statement reviewed by an employment or contract attorney. We can't read the contract/statement & don't know what might be in the details. It sounds from your post it *might* be a breach of contract.

The employer can sue you (anyone can sue anyone else for anything) but that doesn't mean they will win - talk to an attorney.

[Zakaria]

Betty,

Thank you for the quick reply.

Here is a copy of the contract in which I have replaced personal and company information with "..."

"
Company Info
3 February, 2008
Mr ...

Dear Mr Zakaria
Re: Employment offer for the position of Programmer Analyst at ...
On behalf of ... (the “Company”), I would like to extend you an offer of
employment starting March 1st, 2008 pursuant to the following terms and conditions:
Position title :
Programmer Analyst
Duties & Responsibilities :
• You will communicate with client users to analyze and understand the functions to be automated,
user needs, objectives, and desired functions.
• You will analyze and estimate feasibility, cost, time, of data migration and customizing the
Company’s software to the requirements of prospective customers in North America (and
potentially from time to time in other countries worldwide) and prepare detailed specifications from
which programs will be written.
• You will participate in the programming phases of the Company’s software.
• From time to time you will accompany the Sales team in technical pre-sales presentations to
prospective clients.
• You will be expected to travel on average for 30% of your work time.
Training :
• There will be a training and team integration period, initially at the Company’s European
headquarters, and to be finalized at the Company’s main office in Atlanta. This training will start
preferably on March 3rd 2008 or at any other date as decided by the Company and depending on
how fast you can learn, should on average be completed within one month.
Salary :
• Your salary will be US$ ..., payable in 12 equal instalments on the last calendar day of each
month.
Benefits:
- Medical and dental Insurance. See Appendix A.
- Disability Income Insurance.
- 401K-type retirement plan (Simple IRA).
- Paid vacation: 2 weeks first year, 3 weeks as from second year. You may exercise your
vacation at a time mutually agreeable to you and the Company’s management. Taking any
vacation days will require thirty (30) days prior written approval from management.
- Please note that any and all benefits may be amended by the Company from time to time at
its own discretion.
Termination:
Either the Company or you may terminate this employment agreement at will with one month prior
notice.
If you are agreeable with these terms, I would ask that you sign and return this letter to me by
February 4th, 2008.
Yours sincerely,
"

Thanks in advance.

[Betty3]

Thank you but I really can't tell you anything more - I don't think anyone on here will want to tell you that it definitely will be or will not be enforceable. Laws vary so by state & if it went to court, we can't say what any individual judge might decide. You really need to talk to an attorney.

[Mr. Knowitall]

Although as you were told, the analysis is state-specific, I think the absence of any described penalty works in your favor. From what you posted, the contract does not require repayment of any expenses, etc., in the event of improper notice. Also, the description of the employment as being 'at will' is potentially inconsistent with the idea that you cannot quit 'at will'.

[4eyedbuzzard]

As either you or the employer can terminate the agreement "at will" with 30 days notice, it would seem somewhat pointless for them to pursue enforcing the contract SOLEY on the basis that you did not give them proper "30 days notice" in this particular instance.

Say you gave that proper 30 day notice, as required, on your actual first day of employment - maybe even on your way to Europe. They would then wind up paying for your travel, living expenses, training, etc, for by their own estimate, "approximately a month," for an employee who would realistically never do anything other than attend said training, and never physically be employed at their Atlanta location. I think they'd be even more upset. And honestly, I think they'd recall and fire you immediately. I certainly don't think they'd tell you to get on the plane if you called form the airport and said you were giving your 30 day notice.

I can see where they may be very upset, especially if non-refundable travel arrangements were made, but whether or not you give proper notice in this particular instance is kind of a moot point as ultimately the end result is the same: They're out the money and the position isn't filled.

I would take the position that even given your last minute decision, you are just trying to mitigate any further expenses they might incur by giving them as much notice as possible, in essence probably more than 30 days, that ultimately you would not be working in the Atlanta location.

Could it be argued that you didn't bargain in good faith, or that you breached the contract before ever making an effort to fulfill your promise? Sure. And no one can predict how a court might rule. Do I think it's realistic or good fiscal business policy for them to spend good dollars after bad pursuing an action against you? Probably not - but that's just my layman's opinion.

If you get sued, get a lawyer.