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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
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Experience:  Significant experience in all areas of employment law.
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I breached my contract, I served 20 months of the 36 months,

Customer Question

I breached my contract, I served 20 months of the 36 months, I am leaving because I felt harassed and my needs are not met. My employer wants me to stay, and will now meet my need after knowing that I am leaving, however, I already have a job offer from a new employer. My current employer agreed to let me go, but wants me to repay the expenses incurred in hiring me, told the employer I do not have the money to pay her in full, at first, she said yes, but later in the day, she said I have to pay in full before I leave. My question is does my employer have legal rights to hold me from starting a new job because I could not pay in full? I know my obligation but I do not have the capacity to pay in full, I can only manage to pay by installment or structured payment plan which she verbally agreed. Thank you for shedding light.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 1 year ago.

Good evening and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

No, your employer cannot prevent you from leaving. That would be a form of involuntary servitude, which courts banned long ago. Your employer's sole remedy would be to sue you for breach of contract after the fact to try and collect what they are owed pursuant to the terms of your contract. The thing about lawsuits is they are very expensive and time consuming to pursue. This is good for an individual in your circumstance because it gives you leverage to negotiate a reduced settlement and/or installments. For your employer it's still better than the litigation alternative.

You can attempt this negotiation now or after you leave. No matter what, your employer cannot stop you from leaving, though. You can do that at your free will, and no court will order you to go back.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

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