If I signed a contract for my current job of 2 years, can I be sued if I leave now?

The 2 years isn’t up, but I’ve found a different job and wish to terminate the contract early. There is a termination clause in my contract which states that if I terminate the contract early, I owe equal to 2 months salary to the company which I understand and am fine with. However, now my employer says they refuse to let me out of my contract and say I have to finish the 2 years out or they will sue me for breach of contract. Is that legal?

Asked on November 13, 2015 under Employment Labor Law, Montana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you don't pay them the 2 months salary which you contractually agreed to pay, then they could sue you for breach of contract for that money. But based on what you write, if you pay them the 2 months, you will be in full compliance with the contract; the two months salary is the penalty for early termination, and the company may not now unilaterally add to or change the penalty(ies) in the contract and sue you for anything else. 
The above is based on what you write in your question: since, however, all contracts are governed by their *exact* terms or language, you should bring the contract to an attorney to review with you, to make sure you fully understand your rights and liabilities.

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