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  1. #1
    Join Date
    May 2019
    Posts
    1

    Question Can You Get Sued for Resigning Before the End of Your Contract Period

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

    So been unhappy with the circumstances of my job (health care related) and thus put in my resignation and also gave a 3 month notice. Currently 1.5 years into a 3 year contract. Now, my employer is threatening to sue me saying I am breaching my contract since I'm terminating early and also threatening to sue for damages (lost profits, recruitment costs, etc)

    Now my contract is silent to how I need to terminate it and nor does it state that I agreed to not terminate contract before the end of the contract period. The only thing that is mentioned is that if I terminate early, I will have to pay back a proportion of my sign on bonus. But there is absolutely no mention of paying "damages" if I terminate early. Secondly, the contract is silent to the notice that I need to give. However, to be professional, I gave a 3 month notice which they say is "too short" notice. Honestly, if they can't find a replacement in 3 months, then maybe the position isn't that great of an opportunity and that can't be fault nor can I be held liable for that, correct?

    Additionally, they are threatening to sue my new employer for torturous interference despite me wanting out and looking for new jobs.

    question is can they actually sue me as they have threatened or do they have no legal basis and are just employing scare tactics??

    Thanks in advance!

  2. #2

    Default Re: Getting Sued for Resigning

    We would have to review the contract in order to answer your question and contract review is beyond the scope of advice forums. Take your contract to an Employment Law Attorney for review.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,429

    Default Re: Getting Sued for Resigning

    You’ll really need to take the contract to an attorney to interpret it for you but

    an employment contract for a stated period of time generally means neither party can terminate the contract without cause.

    So may be quite possible the can sue you, and win.

    and depending on what your new employer knew of your situation and what actions they took to engage you, yes, it may be possible to sue them as well. They should refer this to their legal department to handle it.

  4. #4
    Join Date
    Sep 2018
    Location
    Ohio
    Posts
    178

    Default Re: Getting Sued for Resigning

    Quote Quoting ndavoud
    View Post
    Additionally, they are threatening to sue my new employer for torturous interference despite me wanting out and looking for new jobs.
    "Tortious" interference in a business relationship, constitutes more then another employer simply asking you to join their firm/company. I am sure your employer knows that game and the rules of law.

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