Q: Is my 2 year employment contract valid? Or am I able to quit my job?
My manager said she was only able to give me a $2 raise if I sign a 2-year contract. I had signed this contract which only states “I committed to grow with San Diego Gastroenterology Medical Associates. I have agreed to stay on board for another two years and in exchange for that commitment will receive a raise in my hourly rate from $16 to $18” which was signed 11/15/2020. I am a single mother of a 3 year old who feels stuck as I am stressed out financially, emotionally and physically with this job and have trouble paying my bills. Is this even acceptable to having to stay with a company that I am not benefiting from? I am a medical assistant with a college certificate for Medical Office Administration and don’t feel this company is paying me the correct pay wage, leaving me financially unstable since this signed contract.
A: You can quit, but you may be responsible for your employer's damages. Since you contracted with your employer to receive a $2.00 per hour pay increase in exchange for working for 2 years, your employer could potentially bring a breach of contract claim against you for damages. Your employer has a duty to mitigate its damages and could claim damages if they cannot find a replacement employee for the remainder of the 2 year period at the same rate of pay. Please note that an employer is even less likely to pursue such a claim if: (i) your contract does not have a prevailing party attorney fee provision; and (ii) your employer understands that you do not have money to pay damages.
A:
It is important that an attorney be able to review the contract before your question can be reliably answered. If the agreement it truly a two year term contract, then you could be liable for breach of that agreement if you leave before the end of the term. If the agreement is not a term agreement, but has a provision that says if you leave before the end of the second year you would be liable for a defined payment of money, known as liquidated damages, that provision may or may not be enforceable. More would need to be known.
All of that said, no employer can make you stay if you want to leave. You have the right to leave. The employer may or may not have the right to seek damages from you if you do before the end of the period of time you promised to stay.
It would be a good idea to take your contract to an attorney for a review.
Good luck to you.
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