Can my employer sue me for quitting if i have a contract?

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Can my employer sue me for quitting if i have a contract?

I am quitting to continue my education but I am under a 1 year contract. Can I be sued for quitting after a month and for about how much?

Asked on July 13, 2011 under Employment Labor Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

There is no general answer, since in any breach of  contract case, what a party can get in the event of a breach by the other party will depend on the terms of the contract. Therefore, you need to look to the terms of the contract and, if appropriate or helpful, let an attorney review it for you. As a general matter, the sort of damages which a company could seek for breach of contracts like this include:

1) The employee repays any recruitment fees paid to get him or her;

2) The employee repays any signing bonus, relocation expenses, or even any benefits (like vacation days) which the employee received and took advantage of before quite "earning" or accruing them (e.g. say normally, one vacation day is earned every 6 weeks; if you were allowed to use more days than you properly accured by your departure, you may have to repay the value of some);

3) The employee repays any training or other "onboarding" expenses;

4) The employee pays the recruitment or related expenses for his or her replacement.


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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