Q: can I break a residency md contract that will start in July 2017?
I am doing PGY1 residency program (MD) in an hospital. I signed
for PGY2 in november 2016, the PGY2 will start on July 1 2017.
Now I want to break the contract to be able to transfer to
another residency program for PGY2...can I do that? Will the
current hospital be able to sue me if so?
A: Yes and no, respectively. Employment contacts will not be "specifically enforced," meaning you cannot be forced to work, but if you choose to breach by not working for them the hospital can recover actual damages caused y your actions.
A: To add to the other lawyer's response, the measure of damages will be the time it takes them to find a replacement to fill your contract, presumably that will not be extensive. Now, in any event, your contract of employment for the residency will govern and some of it may be enforceable, some of it may not be. It may be best to first speak with them about your intentions and see if they will allow you to exit the contract without consequence. It is also a good idea to have an attorney (doesn't have to be me, but I'd be happy to help) review the contract for the residency first and see if there are any unenforceable provisions, so that when you go in to talk about it with the hospital you have a very good understanding of the legal playing field.
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