What to do about a possible breach of an employment contract?
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What to do about a possible breach of an employment contract?
I have an 18 month contract with my employer (Professional Services Agreement). 12 months is already passed. I have an offer from another company and I want to switch my job. The agreement says that if I quit the job before 18 months then the employer may seek to penalise me to recover their loss. There is also another contract (Employment Agreement) with my same employer which gives the provision to quit the job anytime with 2 weeks written notice. Both the contracts were signed in 03/10.
Asked on February 15, 2011 under Employment Labor Law, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If I understand your question correctly, you have two agreements or contracts with the same employer which seem to contradict each other as to when and how you may leave employment without penalty. If that is the case, you have to bring both contracts to an employment attorney who can analyze them for you. Courts do not like to invalidate contracts; when possible, even when there is a seeming contradiction, they look for an interpretation which will allow both to be given effect. You therefore need an experienced lawyer to read them side by side, as well as reading any other documents that may shed light on them (e.g. emails back and forth during negotiations or discussions for the job), to help understand the interaction of these contracts and what you may do without incurring liability.
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