I have signed a contract with a county hospital in TX. I am due to start July 5, 2011. Me and my family live in Cary NC. However, I recently interviewed and got an offer for a job here in NC which will essentially keep me from uprooting my family out of NC. I would like to get out of the contract from TX. How do I do this? They gave me $10K which I think I can repay in 2 months. I have a termination clause in my contract with TX that I would give them 6 months notice of termination without cause, but, as I have mentioned, I have not started working there yet. Please advise
Thank you for contacting Justanswer.com.Does the contract indicate what you may be liable for if you terminate the contract early or breach it?
I do not rememeber seeing a phrase that says that. It may have been phrased differently though.
I see.If there is a provision indicating the consequences of terminating early, then that would normally be enforceable, so it is important to review the contract itself.If it is silent as to damages, the employer would typically seek any lost profits due to your breach if they filed suit against you, in addition to the advance you received and costs of locating an employee to replace you. Even though you have not yet begun working for them, you are contractually obligated to do so and will be in breach if you do not begin July 5th as agreed.If you make the decision not to move to TX, it is normally best to provide the employer with as much notice as possible so they are able to mitigate their damages by locating another employee to take your place.There is no way of telling whether they might file suit for breaching the contract, but since such litigation is often expensive, they would likely be motivated to negotiate a reasonable settlement for the breach with you.
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