Legal Question in Employment Law in Florida
Contract
I recently signed a contract to start as a physician in a Miami clinic on July 15, but then I got a much better offer in the place I had wanted to work in. The contract does not specify any penalties for not starting work at that time, so I wanted to know if I can tell the employer that I won't be starting work at that time, and if he can take any significant legal action against me..
2 Answers from Attorneys
Re: Contract
The answer is that you probably have nothing to worry about but I would need to review the Contract to give you a better opinion. Please feel free to contact us at (561) 447-8888.
Re: Contract
If the contract gives you the right to quit at any time with or without notice, then you would probably not be liable for damages should the employer decide to sue you. But if the contract is for a set term, such as one year, then you might be liable for breach of contract and damages.
Damages would include the amount of money the employer would have to spend to find a replacement and possibly any losses they suffer from not having you work (such as lost revenue from not being able to see certain patients).
If you were sued, they can not force you to work, of course, unless your services are so specialized that they are near impossible to replace.
In any case, if the contract has notice provisions or any other actions to take if you were to quit employment, you should consider whether you should follow those in order to appropriately discharge any obligations you might have under the contract.
If you want a legal opinion on the contract and a recommendation, I handle such matters for a small flat fee. Please feel free to call.
Good luck.
Jeff Sheldon
Jeffrey L. Sheldon, Esquire
The Sheldon Law Firm
17804 St. Lucia Isle Drive
Tampa, FL 33647
813.986.7580
(f) 813.986.7489
(Admitted in Fl., MD, D.C., and Pa.)
http://www.SheldonLawFirm.com
Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.