QUESTION

I am an MD working in Manhattan. I just resigned last month, but my contract requires 3 months notice before I can leave. How can I get out of this?

Asked on Dec 03rd, 2011 on Contracts - New York
More details to this question:
I have found another job that wants me to start in early January. I don''t want to lose this new job. What are my options regarding breaking my contract with my current job? Are they likely to sue me if I leave before 3 months? What is the mostly likely scenario here, and how should I proceed?
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1 ANSWER

Corporate Law Attorney serving Boca Raton, FL at Gracin & Marlow, LLP
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You need to find a good employment attorney in NYC who knows whether the local courts will or won't enforce this provision of the contract against you.  The Courts do not like unreasonable provisions or provisions which prevent people from earning a living.  This is not my area of expertise but I can refer you to good counsel in this area. What is the basis for the 90 day notice period?  Is your former employer truly injured by your departure? Did you leave because they failed to live up to your contract? These are all questions you will need to go through with your counsel.  Hope this was helpful. 
Answered on Dec 09th, 2011 at 12:44 PM

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