Breach of Contract
UPDATED: Oct 1, 2022
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Breach of Contract
I’m wanting to leave my current job on December 22 and I’ve given resignation notice asking my date be set for that. I’ve already been offered a job by another at-will company that I’m set begin in the new year. My contract states ‘There shall be no penalty for release or resignation by the Employee from this contract provided no resignation shall become effective until the close of the school year unless accepted by the Board of ESU 15 and the Board shall fix the time at which the resignation is to take effect.’ What legal grounds do they have if I simply walk away after that requested date? No where in my contract does it states penalties, nor is there any non-compete clause.
Asked on November 20, 2017 under Employment Labor Law, Nebraska
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If you breach any contract, including an employment one, the other party can sue you for its "damages"--for costs or losses they can prove your violation caused. For example--and apologies if this factually does not make sense; it is only for purposes of illustration--say that you are a teacher and earn the equivalent of $20/hour. Say that if you leave mid-year, they have to hire a substitute or new teacher and pay the equivalent of $25/hour for that person. In that case, the could get $5/hour x the number of remaining teacher hours in the school year from you. Even when there are no stated penalties, they can get provable losses like these; if there are no provable losses, however, they could not recover anything from you.
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