Legal Question in Employment Law in Florida
Termination of employment contract
I have recently been offered a job out of state but the contract with my current employer states that i need to give 90 days notice. I am currently working in the private sector. Do i have to work the ninety days? (I am a salaried employee, paid every 2 weeks)
1 Answer from Attorneys
Re: Termination of employment contract
You can not be forced to work (we outlawed slavery a long time ago), but there may be damages built into the contract if you leave without notice. Even if there are no specified damages, the employer could sue you if they have actual damages by virtue of your leaving early. For example, if you leave in the middle of a big deal and they lose it because you left, or any other number of scenarios.
Read the entire contract and see if it discusses damages. If not, see what it says about changes. It probably says the contract can only be changed by another agreement in writing.
In any case, your best bet may be to approach the employer, explain the matter, and ask to be allowed to give less than 90 days. Be reasonable, try to help them make the transition, and see what you can accomplish. If you reach an agreement, put it in writing (even a confirming email) and reference the contract.
If you can not reach an agreement, you can still uphold the contract. So, if they choose to fire you immediately, you would be entitled to whatever the contract says.
If you do not want to tip your hand, then I would have to review the contract to see if there are any ways out.
If you want to hire an attorney to review the contract and/or negotiate for you, I would review the matter and, if I can help, take the case for a flat fee of $500.
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.