Legal Question in Business Law in Illinois

Jobs, Work Related

I am a physician. I signed a contract in October of 2007 that says that I would work for this company. My husband has been transfered out of state and I would like to know if there was any way of getting out of this contract, without getting penalized or damage done to my reputation?


Asked on 1/21/08, 9:54 pm

3 Answers from Attorneys

Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Re: Jobs, Work Related

You need to have an attorney review the contract before anyone can venture an opinion.

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Answered on 1/21/08, 10:33 pm
John Steele Steele Law Firm

Re: Jobs, Work Related

This is obvious isn't it? You have to look at the contract. That being said, you cannot be held to "adhesion contracts", in which you are forced to work somewhere against your will. I sincerely doubt you will be prevented from working at your new city, UNLESS there is something about your work (access to trademarks, etc) that would harm the first employer.

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Answered on 1/21/08, 10:35 pm
David K. Staub Staub Anderson LLC

Re: Jobs, Work Related

I agree with the two other answers that no one can advise you on a contract without seeing the document itself. I also have two general observations:

1. The contract cannot "penalize" you even if your departure is a breach of the contract. Depending upon what the contract says, your employer may be able to recover its actual damages, or perhaps an amount as "liquidated damages" which you stipulated was a reasonable approximation of the employer's damages. You may consider having to repay the employer's actual damages as a "penalty," but there is a significant difference between damages and penalties.

2. Leaving a job when your spouse is transferred out of state is hardly the type of action that would be expected to damage your reputation.

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Answered on 1/21/08, 11:34 pm


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