Q: If my job contract stipulates a leave of notice period, what are the legal consequences of not serving it?
I just started a new job. I have been in healthcare for 7+ years, and due to various personal and social pressures I have continued to do a high stress profession I absolutely hate doing. I thought maybe if I got the right job, where all the staff and support is excellent, etc, if I changed some variables, this would allow me to like my job. Unfortunately, that is not the case. Even though this is an excellent job for many reasons, I simply cannot continue this line of work that I detest doing. I've reached the end of my rope. I work for a large private group, my contract states I can terminate my employment 60 days after the corporation's written receipt of employee notice. I can't bear to keep doing this job though, and I am concerned that my patients will directly suffer as a result of this and am certain harm would occur if I continue working. Can I be sued for leaving prior to my notice period? How often does legal action actually occur against an employee in situations like this?
A: Without seeing your agreement and ancillary employment docs (company handbook, etc.) I couldn't say for certain, but it appears that they can sue you if you violate the notice period, but they probably won't. Also, the damages they would be seeking would be at most the amount you would have been paid and you can oppose that by showing they failed to mitigate the damages. I would recommend that you engage an employment attorney to consult with during this exit. I routinely handle similar cases and my fees are reasonable.
A:
It sounds like you may be a physician or higher level health care provider.
Do not leave your facility understaffed. If you have a professional or occupational license check with those who may be able to discipline you.
Money is one thing. Consult a lawyer. But public or patient safety could be an entirely different ball game. Be careful.
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