If my contract position wants 3 months notice before leaving the position. is it possible to leave the position earlier?

The section states: “This agreement may be terminated by either party upon three months advance notice. If Contractor is in violation of this agreement or any portion of the practice code or conduct, or for any reason, company may terminate employment immediately without notice and with compensation to contractor only to the date of such termination”. My company is trying to increase my hours, and I’ve told them I have other work commitments. I’ve offered them some of the hours, they tell me that I have a contractual commitment to them and I have to give them all of those hours.

Asked on August 20, 2012 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

An agreement like the one you descrive is enforceable. From the language you quote, if you terminate employment early, you will be in breach and could be immediately terminated and paid only to the moment you gave notice--which may not be a problem for you. However, i it is also possible that if your breach (i.e. you leaving with insufficient notice) caused your employer some direct loss (e.g. they lost a client because you left before finishing some important deadline; or they had to hire someone at a higher rate or salary than you on short notice, to take up the work), they might be able to also sue you for the damage or loss thereby caused, so long as such should have been reasonably foreseeable by you (that is, so long as you could have anticipated the loss or damage you'd cause).


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