Lancaster, NY asked in Contracts and Employment Law for New York

Q: If my NYS employment contract does not have breach penalties do I face any reprocussions for breaking it?

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3 Lawyer Answers
V. Jonas Urba
V. Jonas Urba
Answered
  • New York, NY
  • Licensed in New York

A: Maybe. If what you are about to do causes your employer damages that you could or should have foreseen.

If your employer incurred expenses or damages because of or while hiring you.

These are only a few examples. You should take whatever agreement you have to an employment lawyer and have them spend an hour or two with you giving you worst case scenario.

Then you MAY approach the correct person at your current workplace and negotiate your resignation with or without counsel.

The worst scenario is getting a new job being sued by this employer and having no job. New employer's do not want to be in the middle of disputes with a recent hire's prior employer. Good luck. A $500 consult could save you 10s of thousands in litigation fees and possibly your job.

Barry E. Janay agrees with this answer

Ali Shahrestani,
Ali Shahrestani,
Answered
  • New York, NY
  • Licensed in New York

A: Have a lawyer review the contract carefully. Are you a government employee? How are you breaching the contract? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

Barry E. Janay
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Answered
  • Livingston, NJ
  • Licensed in New York

A: While it depends on the type of employment (at-will versus for a set term) and the specific breach you are referring to, generally speaking an employer can be liable for breach in NY but an employee usually has some safeguards / protections if for instance the job is not performed satisfactorily or the employee doesn't show up.

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