Q: I recently signed an employment contract with the anticipation of full time work. The contract has an effective date
of the signing of the contract so I assume it is in full effect even though I have not started yet. As of now they can offer 2-3 days of work a week with the hope/anticipation of 4-5 days within 3 months possibly, it is a healthcare position by the way. I have a competing offer that doesn't pay as well but they can offer 5 days a week immediately. Can I ask to be released from my original contract based on the fact that I want full time work and that was the assumption at the time of the signing of the contract? There is a non-compete clause but again would that be enforceable if they in effect are in breach of contract for not being able to provide the job that I was anticipating I was accepting.
Thanks.
Jason
A: More information is needed to provide meaningful advice. It is often the case that breaching a contract is in one's best interest. If that is true for you, then you should breach the contract. Whether you would win in lawsuit over the breach should be of secondary consideration. I say that because a lot of breaches do not result in a lawsuit. And it is unlikely that the facts, as you have described them, would result in a lawsuit. That being said, it is a defense that your reasonable contract-based expectations have not been met.
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