What to do if my employer is threatening to sue me over breach of contract if I leave before the end of the year?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if my employer is threatening to sue me over breach of contract if I leave before the end of the year?

The “contract” (term used loosely) that I signed says nothing about paying back the wages if I leave, and neither does the employee handbook. It just states what my pay is, how many sick/personal and vacation days that I have, and what my duties are.

Asked on June 21, 2012 under Employment Labor Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Contracts are enforceable, but they can't be imposed by one party unilaterally, without the consent of the other party. If you never agreed or consent to a repayment arrangment, the company would not seem to have grounds to legally seek repayment from you. One exception would be if you committed fraud against your employer to get the job--for example, lied in a signifiant way about your training, education, experience, or credentials. In that event, the fraud may give them grounds to seek recover of wages paid to you on the basis of the fraud.


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