Can my employer sue me for damages if I leave my job withing my probationary period?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can my employer sue me for damages if I leave my job withing my probationary period?

I was hired by a company 2 weeks ago and am still under the 90 day probation period. During this time I found another job closer to home and have turned in my 3-day notice of resignation. My employer said he would sue for damages due to not giving him a 3 month notice. On the employer contract it does indeed say I have to give a 3 month notice but doesn’t specify if it also applies to while I’m still in the probationary period. The employer, on the other hand, during the probation period, can terminate me at any time of the 90 day probation period with a 3-day notice. Would that be grounds on which he can sue me on? The 90 day probation period in which he can fire me for whatever reason with a 3 day notice seems unfair on the contract since I can not apparently do the same.

Asked on April 26, 2017 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, you can be sued on this basis. A contract is enforceable, even if very one-sided--the law allows a contract to favor one side over another. If you agreed to provide 3 months notice but fail to do so, the employer can sue you for "breach of contract." The can sue for any *provable* losses or costs (e.g. staffing or recruiting costs; loss of business) they can show were reasonably, foreseeably, and actually caused by your failure to give the contractually required notice.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption