How to Get out of an Employment Contract

Determine if you have an employment contract., Read your employment contract., Determine whether there are any circumstances listed in the contract that allow one party to end the contract., Decide if there are any penalties or repercussions for...

5 Steps 3 min read Medium

Step-by-Step Guide

  1. Step 1: Determine if you have an employment contract.

    While you may have a written employment contract in some cases, contracts can be implied in some states.

    For instance, if your employer has an employee handbook, it may impliedly create a contract by which you are bound, under some states' lawsIf you don't have an employment contract, you are an employee at will.

    This means that you can be fired for any reason or no reason, so long as that reason is not illegal.

    For instance, an illegal reason for firing an at-will employee could be racial discrimination.
  2. Step 2: Read your employment contract.

    You might not have read your contract fully at the time you signed it, but when you are thinking of ending your employment contract, you should definitely read it.

    Read the entire thing, but pay close attention to the clauses that discuss termination, cancellation, or any other section that deals with the ending of the employer-employee relationship. , If the party wishing to end the contract early does not have a legally valid ground for terminating the contract, then the other party can sue him or her.

    A lawsuit can result in one party being ordered to pay the other damages, or compensation for breaking the contract.Some contracts might have a termination clause if the employee becomes disabled or otherwise physically incapable of performing the acts set forth in the employment contract.

    There also may be provisions in the contract that void the contract if one party does not perform as agreed.

    For instance, if the employer agrees to pay the employee $500.00 when a certain act is completed, and the employer doesn't pay him, then the employee may have valid grounds to terminate the contract.

    There may be a chance of early termination of the contract if the employee gives a certain amount of notice to the employer, or if he or she pays the employer a predetermined amount of money.

    While you might need to pay a financial penalty for early termination, paying the full amount promised in the contract may prevent the employer from suing the employee for breaking the contract. , For example, an employment contract might require that the party who breaks the contract pay certain fees or damages.

    Another common provision in employment contracts is that if the contract ends prematurely, the employee might not be able to engage in the same type of business in the local area for a certain period of time.

    Based on the contract provisions, you will have to determine whether it is worth it—legally, financially, and professionally—to bear those repercussions. , Some contracts contain a provision stating the effective date and termination date of the contract.

    If you have been working with the other party for a long time, the contract might have expired.

    In this case, you will no longer be bound by the terms of the contract and are free to move on..
  3. Step 3: Determine whether there are any circumstances listed in the contract that allow one party to end the contract.

  4. Step 4: Decide if there are any penalties or repercussions for ending the contract early.

  5. Step 5: Review the term of the contract.

Detailed Guide

While you may have a written employment contract in some cases, contracts can be implied in some states.

For instance, if your employer has an employee handbook, it may impliedly create a contract by which you are bound, under some states' lawsIf you don't have an employment contract, you are an employee at will.

This means that you can be fired for any reason or no reason, so long as that reason is not illegal.

For instance, an illegal reason for firing an at-will employee could be racial discrimination.

You might not have read your contract fully at the time you signed it, but when you are thinking of ending your employment contract, you should definitely read it.

Read the entire thing, but pay close attention to the clauses that discuss termination, cancellation, or any other section that deals with the ending of the employer-employee relationship. , If the party wishing to end the contract early does not have a legally valid ground for terminating the contract, then the other party can sue him or her.

A lawsuit can result in one party being ordered to pay the other damages, or compensation for breaking the contract.Some contracts might have a termination clause if the employee becomes disabled or otherwise physically incapable of performing the acts set forth in the employment contract.

There also may be provisions in the contract that void the contract if one party does not perform as agreed.

For instance, if the employer agrees to pay the employee $500.00 when a certain act is completed, and the employer doesn't pay him, then the employee may have valid grounds to terminate the contract.

There may be a chance of early termination of the contract if the employee gives a certain amount of notice to the employer, or if he or she pays the employer a predetermined amount of money.

While you might need to pay a financial penalty for early termination, paying the full amount promised in the contract may prevent the employer from suing the employee for breaking the contract. , For example, an employment contract might require that the party who breaks the contract pay certain fees or damages.

Another common provision in employment contracts is that if the contract ends prematurely, the employee might not be able to engage in the same type of business in the local area for a certain period of time.

Based on the contract provisions, you will have to determine whether it is worth it—legally, financially, and professionally—to bear those repercussions. , Some contracts contain a provision stating the effective date and termination date of the contract.

If you have been working with the other party for a long time, the contract might have expired.

In this case, you will no longer be bound by the terms of the contract and are free to move on..

About the Author

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Cheryl Jimenez

Enthusiastic about teaching crafts techniques through clear, step-by-step guides.

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