Is my offer letter contract void?

My offer letter states that i will be
working at a specific location for 2
years. It states that i have an early
resignation fee. However i have been
working at multiple different locations
and not just the location stated on the
contract. Does this make my contract
void?

Asked on May 7, 2016 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It depends on whether the difference in the location(s) is material--or important--or not. If the other locations are considerable distances from where you live, requiring either an unreasonably long commute or relocation or extensive travel away from home, that it would likely be a material breach of contract, which would let you treat the contract as terminated, which in turn would let you escape the early resignation clause. But if the other locations are simply other location around the same area (such as multiple stores in a city or in adjacent communities), then the different is not material, and a non-material change does not affect the validity of a contract; only a material or important breach of the terms does.


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