QUESTION

I found a better paying job. I tendered my resignation. Employer said no due to a 1 year contract. Is that enforceable?

Asked on Jun 29th, 2016 on Employment Contracts - New York
More details to this question:
I was offered a better paying job. I attempted to tender my resignation. Employer said "no" due to a 1 year contract that I signed as part of the job application. Is that enforceable?
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2 ANSWERS

Estate Planning Attorney serving New York, NY
1 Award
Yes, but how likely is it the employer will sue you?  Probably not, and you have defenses you could raise.
Answered on Jul 16th, 2016 at 7:01 AM

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Appellate Practice Attorney serving New York, NY
An employer cannot force you to work for it.  However, in some circumstances usually involving employees with specialized skills, the employer may be able to force you not to work for anyone else for the length of your employment contract.  For example, it is unlikely that McDonalds could force a counter clerk to either work for it or refrain from working, even if the clerk had signed an employment agreement.  On the other hand, the Knicks absolutely could force Phil Jackson to either work for them or not work at all during the length of his employment agreement with them.
Answered on Jun 29th, 2016 at 11:01 AM

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