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Can an employer sue for quiting a job

 
 
2Jo
 
Reply Sun 20 Feb, 2005 10:02 pm
it is written in contract that my wife signed, but does an employer have any legal rights as far as keeping someone from quiting?
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Type: Discussion • Score: 2 • Views: 1,543 • Replies: 12
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Montana
 
  1  
Reply Sun 20 Feb, 2005 10:49 pm
What type of job is it?
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roger
 
  1  
Reply Mon 21 Feb, 2005 12:14 am
Unless there is something illegal or totally unconscienciable in the contract, I would suppose it to be a valid contract.
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2Jo
 
  1  
Reply Mon 21 Feb, 2005 07:30 am
Montana wrote:
What type of job is it?


It is an office manager job
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2Jo
 
  1  
Reply Mon 21 Feb, 2005 07:33 am
roger wrote:
Unless there is something illegal or totally unconscienciable in the contract, I would suppose it to be a valid contract.


ok thank you, with that said, can you guess on what type of judgement would be awarded. I know that an employee can not sue for being fired unless there was discremination involved, etc. I would naturally think the same would apply for quiting a job.
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Merry Andrew
 
  1  
Reply Mon 21 Feb, 2005 07:39 am
I'm no lawyer, but it sounds as though she's being sued for breach of contract. Whether or not the suit has merit, only a court can decide. Did she just decide to quit because she didn't like the job? Or were there any circumstances that made the job less than she expected? She can always counter-sue, claiming that the employer failed to live up to his end of the bargain.
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2Jo
 
  1  
Reply Mon 21 Feb, 2005 07:43 am
Merry Andrew wrote:
I'm no lawyer, but it sounds as though she's being sued for breach of contract. Whether or not the suit has merit, only a court can decide. Did she just decide to quit because she didn't like the job? Or were there any circumstances that made the job less than she expected? She can always counter-sue, claiming that the employer failed to live up to his end of the bargain.


The employer is very hard to work for, as she constantly criticizes and belittles my wife and everyone in the office.
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Merry Andrew
 
  1  
Reply Mon 21 Feb, 2005 07:45 am
I do suggest that she consult a lawyer. She might well have the basis for a suit of her own.
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2Jo
 
  1  
Reply Mon 21 Feb, 2005 07:52 am
Merry Andrew wrote:
I do suggest that she consult a lawyer. She might well have the basis for a suit of her own.


Thank you very much, and thank you all for your posts!
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joefromchicago
 
  1  
Reply Mon 21 Feb, 2005 09:50 am
Ordinarily, absent a specific employment contract, the employment relationship is on an "at-will" basis. That means that the employee can quit at any time and the employer can fire the employee at any time. Discrimination laws are an exception to this rule, but, in general, that's the way things work in the US.

2Jo, if your wife has a contract (e.g., if she agreed to work for her employer for a specific period of time), then she could be sued for breach of contract if she decided to quit. It would be up to a court (or an arbitration panel) to decide how much the employer has been damaged by your wife's actions. On the other hand, the employer cannot force your wife to continue working at the job. Remember: we, as a nation, dealt conclusively with the issue of involuntary servitude back in the 1860s. There's no going back now.

Bottom line: if she quits, she may be forced to pay some money. Talk to a lawyer to determine the extent of this potential liability.
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2Jo
 
  1  
Reply Mon 21 Feb, 2005 11:19 am
thank you very much, very good information!
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squinney
 
  1  
Reply Mon 21 Feb, 2005 11:33 am
Was she paid in advance for work not completed?

Is your wife aware of others that have been sued by this employer for the same thing? If no one in the office is willing to speak of this, you can check public records to see if there is a history and the outcome.

I would think this more of a scare tactic, and mean spirited at that, but listen to Joe. You can probably find a lawyer with employment specialty that will provide a free initial consult and then you can decide the best course based on the attorneys advice.
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2Jo
 
  1  
Reply Mon 21 Feb, 2005 11:35 am
thank you squinney!
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