Q: Is this breech of contract?
I am a physician and my contract states that my quality bonus, "to be paid within ninety (90) days after the end of each calendar year". It is now May 4th which is 114 days after the end of the year. Wondering if this is breech of contract and would I have options to get out of my contract due to this breech? THanks
A: Best for you to consult an attorney in person, for review of the contract. Sounds like the employer is in breach, but it depends on whether a "quality bonus" is mandatory or discretionary. If the employer is in breach, the first step is for you to request compliance, and if they refuse, you should obtain the refusal, as well as the reasons for refusal, in writing if you can. Whether you may terminate the contract due to their breach (if it is legally a breach, and the breach is not remedied) is not a simple question for which you can get a simple on-line answer. Factors to be analyzed include materiality (that is, importance) of the term being breached and contract provisions applicable to remedies upon default.
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