What to do if my employer is threatening to sue me over breach of contract if I leave before the end of the year?
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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 11 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.
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