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  1. #1
    Join Date
    Jan 2016
    Posts
    2

    Default Consequences of Resigning from a New Job Before the Start Date

    My question involves labor and employment law for the state of: Arizona
    I signed a contract to start employment in Arizona.
    Since the contract was signed, I found out that my wife is pregnant. For a variety of family reasons, we are having serious second thoughts about moving to AZ and starting work there.
    My start date on the contract was between 1/1/16 and 3/1/16. Because of logistics, my employer needs to move my start date back at least 30 days. My contract clearly states that any changes to the contract requires written changes agreed to by both parties.
    The contract requires 180 days notice to terminate.
    If we decide not to honor the contract, what are the damages for which I would possibly responsible?
    Is the change of start date reason enough to void the contract?

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

    Default Re: Breach of Employment Contract Before Starting

    The answer to both your questions is, I don't know. I haven't read the contract.

  3. #3
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Breach of Employment Contract Before Starting

    Quote Quoting BlueOwl
    View Post

    If we decide not to honor the contract, what are the damages for which I would possibly responsible?
    Is the change of start date reason enough to void the contract?
    Post the entire contract word for word, redacting any identifying information, and you might get some comments.

  4. #4
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Consequences of Resigning from a New Job Before the Start Date

    Have you accepted any compensation from the company, such as relocation assistance, a signing bonus, or anything else of that nature?

    What sort of position is this? (In general terms.)

  5. #5
    Join Date
    Jan 2016
    Posts
    2

    Default Re: Consequences of Resigning from a New Job Before the Start Date

    No compensation yet. They have devoted some time and energy to credentialing. The position is to be employed in a medical practice as an orthopaedic surgeon; as a result, finding a replacement for me will take a significant amount of time, effort and money.

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

    Default Re: Consequences of Resigning from a New Job Before the Start Date

    Quote Quoting BlueOwl
    View Post
    My start date on the contract was between 1/1/16 and 3/1/16. Because of logistics, my employer needs to move my start date back at least 30 days.
    Are you stating that they moved your start date to April 1, 2016? What did you say in response to that announcement?
    Quote Quoting BlueOwl
    My contract clearly states that any changes to the contract requires written changes agreed to by both parties.
    That could help you in relation to a start date outside of the promised window, but your response to the change could also affect the extent to which you can claim the change to be a material breach.
    Quote Quoting BlueOwl
    The contract requires 180 days notice to terminate.
    On a quick search, the Arizona cases I'm seeing suggest that a court will uphold a non-compete agreement against a physician, as set forth in the contract, and may potentially award damages or grant injunctive relief for violation of a non-compete agreement, but I have not found any cases that award damages in the absence of a contractual provision calling for compensation or violation of a non-compete clause. There is a case in which a doctor was found to have resigned without notice, despite being paid and having his expenses reimburse by the practice, and was held liable for the loss of the practice's guarantee payments from a hospital for the period for which he was compensated but not working for the practice -- damages were awarded based on the guarantee payment and for certain hospital charges the practice was unable to collect due to the doctor's failure to report them to the clinic. That's not your situation, but given that you're in a high-cost area of medicine, and given the possibility of authority that I did not see, I would encourage you to speak with a lawyer about the contract and have its language reviewed in full, in association with your decision.

    If you do decide not to take the job, it's not just for legal reasons that you would want to give as much notice as possible, but also because you want to avoid any professional or reputational repercussions.

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