Will I be in trouble if I quit? Is it ok that my boss wants me to prepare art work at home for the next work day?

UPDATED: Oct 1, 2022

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Will I be in trouble if I quit? Is it ok that my boss wants me to prepare art work at home for the next work day?

I’ve been working for 1 month on this job and I need to quit because my boss is very inconsiderate and unreasonable. I am working 3hours per day as an assistant teacher in a home daycare. The only other person working there is the owner of the house, she is the main teacher. I signed a contract

Asked on October 19, 2018 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

1) If you violate a written employment contract, you can be sued for the losses or "damages" that the employer can prove your violation caused them, such as if they can show that to replace you on short notice, they had to hire someone else at a premium: in that case, they could sue for the additional salary or wages they have to pay.
2) If the company violated the agreement in some way first, such as not paying you for work you do, however, their breach may enable you to treat the contract as terminated and escape any liability. Someone cannot hold you to a contract while violating it themselves.
3) If you are not a salaried employee, you MUST be paid for all hours you work--there is no free or unpaid work for teachers or assistant teachers working on an hourly basis. So if you are paid on a hourly basis (not an annual salary), a failure to pay you for the extra 5 hours would be a breach of contract by your employer and may let you get out of the contract. You may also be able to sue the employer for the money you should have been paid.
You should consult with an employment law attorney about your situation, to see if you can get out of the contract, if you can sue for unpaid wages, and also what you might be liable for if you can't get out of the contract but quit anyway. 
Forget about the boss being inconsiderate and unreasonable: the law does not care about that and does not require employers to be considerate or reasonable; this is irrelevant.

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.

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