QUESTION

How do I get out of my current employment contract? The company paid for my moving expenses and attached it to a 24 month tenure.

Asked on Jul 10th, 2012 on Contracts - Virginia
More details to this question:
The contract states: You will be paid a $10,000 relocation allowance. In the event you voluntarily resign your employment with the Company, or are terminated for Cause as defined in this letter, during the first 24 months of your tenure, you are obligated to reimburse the Company the $10,000 amortized monthly, on or before your last day of employment. I will be voluntarily resigning, but will not have the amortized payment on or before my last day of employment. I will be putting in a two week notice effective July 11 and began employment in Oct 2011. I am currently finically obligated beyond my means and I will not have this money available on or before my last day. I need to know what my options are and how to proceed.
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1 ANSWER

Construction Law Attorney serving Virginia Beach, VA at Wolcott Rivers Gates, Attorneys at Law
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I would suggest you take a full copy of the contract to a local lawyer and discuss it with him.  In general, you can not escape from a contract just because you do not have the means to pay.  On the other hand, if your employer has failed to comply with its obligations of the contract, you may be able to contend they have breached it first, would could give you ground to terminate the employment with repayment of the moving expenses.  If you do not have grounds to terminate, it may be advisable to negotiate some other arrangement with your employer - such as repaying only a portion of the moving expenses if you have a sympathetic reason to quit, or even agreement to payment over a period of time.  This answer is given in accordance with the laws of Virginia, and is based on the facts that are recited, and assumptions which may or may not be accurate. Accordingly, this response may not be relied upon and may not be applicable in any other state. It should not be relied on as legal advice, as that would require a detailed analysis of all of the facts involved in a specific case, not just the limited facts presented in the question.
Answered on Jul 10th, 2012 at 5:39 PM

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