Results 1 to 6 of 6
  1. #1
    Join Date
    May 2015
    Posts
    2

    Default Liability to an Employer if You Change Your Mind After Accepting a Job Offer

    My question involves labor and employment law for the state of: New york

    I got an offer from a company and I signed employment agreement with them on Apr 21. Its a consulting company and job will be at their client site. I am on H1 visa and they filed my LCA and not yet started with H1 transfer. On May 6 I decided not to join them and informed them. But they are saying that since I am breaking the contract I have to pay for all the damages. And they are saying that it can be huge amount since it affect their relationship with the client.

    This is what there in employment agreement in Termination section:

    Nothing herein is intended to alter the at-will nature of the employment relationship. Both Employee and Employer may terminate this Agreement, without any reason by giving the other at least fourteen (14) days prior written notice of the termination. This Agreement may be terminated by Employer immediately if Employee fails to perform his duties or engages in any act of dishonesty or is charged with the commission of a crime that, in the sole judgment of Employer, affects Employee's ability to carry out the terms of this Agreement. Either party may also terminate this Agreement for a violation or breach of this Agreement. In the event of termination for breach, the non-breaching party will give the other party at least fifteen (15) days written notice of the breach and an additional fifteen (15) days to cure the breach. If the breach is not cured within that period of time, this Agreement may then be terminated. Termination for breach will not alter or affect any other rights or remedies that may be available to the non-breaching party.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Liability to an Employer if You Change Your Mind After Accepting a Job Offer

    Since there could be language in the paragraph below, or the paragraph above, or elsewhere in the document, that modifies what is in the paragraph you chose to quote from, it is not possible to say solely on that basis whether they have any kind of legal grounds to sue you for damages. Take the ENTIRE document to an attorney in your state and let him read the WHOLE thing.

  3. #3
    Join Date
    May 2015
    Posts
    2

    Default Re: Liability to an Employer if You Change Your Mind After Accepting a Job Offer

    so am I safe as I per the paragraph I posted?

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Liability to an Employer if You Change Your Mind After Accepting a Job Offer

    Read cbg's post again.

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Liability to an Employer if You Change Your Mind After Accepting a Job Offer

    I have no idea if you are safe per the paragraph you posted. I have no idea what language elsewhere in the document might modify it. It's not possible to interpret a contract based on one isolated paragraph taken out of context.

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Liability to an Employer if You Change Your Mind After Accepting a Job Offer

    cbg is correct that the only way to interpret the contract is to review the entire contract. However, to the extent that there is anything in the contract that suggests something other than an at-will relationship, the employer would have a difficult time arguing that any ambiguity that is created by that language somehow overcomes the language it wrote, "Nothing herein is intended to alter the at-will nature of the employment relationship". To the extent that the employer claims it is relying upon the provision for giving two weeks notice, that alone is not sufficient to create a cause of action against the employee for resigning on less than two weeks notice; and it's not very plausible that they would be able to make an argument that they suffered significant damages as the result of a new hire's resigning on less than two weeks notice, as opposed to that employee's working a few days during the notice period and then quitting.

    I suspect that right now they're trying to scare you into again changing your mind and working for them as agreed. You can have a lawyer review the contract this week, and advise you as to any liability that might result from your decision not to take the job.

    1. Sponsored Links
       

Similar Threads

  1. Hiring: Can an Employer Change a Salary Offer After You Accept a Job
    By bbriley84 in forum Employment and Labor
    Replies: 7
    Last Post: 04-02-2014, 03:12 PM
  2. Closings and Escrow: Accepting an Offer, Delaying Escrow Opening Until Finding a New Place to Live
    By renny0021 in forum Buying, Selling and Conveying Real Estate
    Replies: 1
    Last Post: 06-29-2013, 02:41 PM
  3. Establishing an Order: If Answer to Custody Complaint Agrees to Name Change, Can the Mother Change Her Mind
    By kphelps in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 09-20-2012, 10:02 PM
  4. Hiring: Accepting Job Offer - Legal Contract
    By jobhunter in forum Employment and Labor
    Replies: 1
    Last Post: 02-01-2009, 05:39 PM
  5. Retail Fraud / Shoplifting: A Change of Mind
    By Hopingforthebest in forum Criminal Charges
    Replies: 2
    Last Post: 11-02-2008, 07:44 PM
 
 
Sponsored Links

Legal Help, Information and Resources