Legal Question in Employment Law in Washington
quitting while under contract
I am under contract until the end of the year, but am quite unhappy with the job. Under the contract I am technically not even supposed to negotiate with another company until 60 days before my contract expires. However, they have set a precedent of releasing an employee in my department from their contract. How can they force an employee to stay if they choose to leave? What's to stop an employee from calling in sick day after day after day?
2 Answers from Attorneys
Re: quitting while under contract
They can't make you come in to work, but may be able to enforce the other contract terms.
I recommend that you contact attorney Jessica Jensen in Olympia. She's a contracts law expert.
Re: quitting while under contract
Non-compete contracts are scrutinized very closely by the courts, and if not very narrowly tailored, will often be found to be invalid as against public policy. (The state does not like it when qualified workers are prevented from earning a living.)
I would agree with Merry Kogut that you would be best served by having an attorney review your contract and determine whether it can be overcome. The fact that the employer waived its rights in another contract does not mean you can automatically get out of yours.
By your zip code, I am guessing you are in North Seattle. D. Jill Pugh is a good employment law attorney, and her office might be closer for you.
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