When we talk about a contract, we often think of it as a document that outlines the terms of an employment relationship, such as an employment contract or employment agreement. So, can you quit your job if you’ve signed a contract? It depends on what the contract says.
Most contracts include a section that outlines the length of the agreement and how it can be terminated. This section is typically called the “term” and “termination” section. It will specify the conditions under which the contract can be terminated and how you can quit your job.
There are generally four ways that a contract can be terminated:
- By mutual agreement: Both parties can agree to end the contract early.
- Without Cause: Either party can terminate the contract at any time for any reason with a specified amount of notice to the other party.
- With Cause: If one party violates the terms of the contract, the other party may be able to terminate the contract.
- By expiration: The contract may have a set expiration date, at which point it will automatically terminate.
It’s important to carefully review the terms of a contract before signing it to understand your rights and obligations under the agreement. If you’re considering quitting your job and you’ve signed a contract, it’s a good idea to review the termination section to understand the steps you need to take to end the contract and quit your job.
4 Ways You Can Leave Your Job Depending on the Contracts You Sign
There are several ways that a contract can be terminated. If the contract has a fixed length, such as a one-year or two-year contract, it will automatically terminate at the end of that period unless both parties agree to renew it.
Another way for a contract to be terminated is through mutual agreement. If both the employee and the employer agree to end the contract early, it can be terminated as long as it meets the terms of the agreement.
A third way to terminate a contract is through breach of contract, also known as “for-cause” or “with-cause” termination. If an employee believes that the employer is in breach of contract, they can give written notice to the employer. For example, suppose the employer is not paying the employee on time or the agreed-upon amount or is not paying bonuses as promised. In that case, the employee can notify the employer that they are in breach of contract. There is usually a “cure period” during which the employer can fix the breach before the contract is terminated.
If I Sign a Contract for a Job Can I Quit Before I Start?
While it is generally possible to quit a job before starting, even after signing a contract, it’s important to consider the potential implications and handle the situation professionally. Although most states follow “at-will employment,” allowing employees to resign at any time without legal consequences, certain contracts may contain clauses specifying notice periods, financial penalties, or other stipulations in case of early termination. Before quitting, review the signed contract thoroughly, communicate your decision to the employer in a timely and respectful manner, and be prepared to address any potential repercussions or obligations that may arise due to your decision to resign before starting the job.
Can You Quit a Contract Job?
Yes, quitting a contract job is generally possible, but it’s essential to understand the terms outlined in your employment contract to ensure a smooth transition. The contract typically specifies the required notice period, any potential consequences for early termination, and other important conditions related to quitting. To minimize any adverse effects on your professional reputation and future job prospects, thoroughly review your contract, adhere to the agreed-upon notice period, and communicate your decision to your employer professionally and courteously. If you’re unsure about any terms or potential implications of leaving your contract job, consider consulting a legal professional for guidance and clarification.
There are several ways that an employment contract can be terminated. One way is through breach of contract, also known as “for-cause” termination. If one party believes that the other party is in breach of contract, they can give written notice and there is usually a “cure period” of 15 to 30 days during which the party in breach has the opportunity to fix the issue. If the issue is not resolved during the cure period, the other party has the option to terminate the contract immediately.
Another way for an employment contract to be terminated is through “without-cause” termination, which means either party can terminate the agreement at any time, for any reason, with a certain amount of notice to the other party. The notice period is typically between 30 to 90 days. If an employee wants to quit their job and terminate the employment contract, they would have to send a written notice to the employer exercising their right to terminate the agreement without cause. The employee would then have to work for the specified notice period before leaving the job.
Read Your Employment Contract Terms Before You Quit
Remember if you decide to quit your job or terminate the agreement. Many contracts would have some repayment obligation if they paid a signing bonus or relocation assistance or they’ve paid for licenses or certifications. It’s essential to determine, alright, if I terminate this contract or quit my job, will I have to pay anything back? If you’re a healthcare professional, malpractice insurance obligations will likely be.
So, if you must pay for tail insurance, you need to identify that and figure out what that cost will be. And then lastly, and usually most importantly, are there any restrictive covenants in the contract? Even if you quit your job, the restrictive covenants will still apply. The restrictive covenants would be a non-solicitation agreement and a non-compete—the two most common restrictive covenants. The non-solicitation agreement will state you can’t actively solicit patients, clients, customers, employees, independent contractors, and vendors for a certain period of one year.
And then the non-compete is even more critical. It will state that the professional can’t work within their specialty for a period, usually one to two years, within a specific geographic radius. It could be 10 miles from your primary practice location for healthcare professionals. If you’re in sales, it could be that you can’t work in these counties or even can’t work within this entire state. Now, that’s broad. I don’t think that would likely be enforceable in most states, but that’s what the non-compete is. So, just because you quit the job, and you no longer want to be employed there doesn’t mean these restrictive covenants won’t apply.
Can You Leave a Contract Job Early?
Leaving a contract job early is typically possible, but it’s crucial to be aware of the specific terms and conditions outlined in your employment contract to ensure a smooth departure. The contract generally specifies the required notice period, potential penalties for early termination, and any other obligations you must fulfill before leaving the position. To navigate this process effectively, carefully review your contract, adhere to the stated notice period, and communicate your intentions to your employer in a professional and respectful manner. If you’re uncertain about any aspects of your contract or the potential consequences of leaving the job early, consider seeking advice from a legal professional to ensure a clear understanding of your rights and obligations.
Give Your Employer Notice To Avoid Blows in Your Career
You need to look at the language of the contract and determine: what are all the things that are going to follow me after I quit my job? Because if you terminate the agreement, it doesn’t mean that everything ends either. So yes, you can leave your job, most likely if you have an employment agreement, but you are required to follow the terms of the agreement. What if you say I have an employment agreement? I’m sick of working here. I’m just not coming back.
If you don’t give notice, you don’t show up. Then you’re done. Well, you’re a breach of contract and opening yourself up for potential legal action, either through a lawsuit or if there’s an arbitration clause or maybe some mediation. There could be damages associated with you for not giving the proper notice. In addition, it could be the company’s lost profits when you just left. It could be recruitment fees and finding your replacement. So, I suggest you follow the terms of the agreement.
And then, when I talk to many unhappy employees, I always say, look, if they are in breach of contract, you must provide them with written notice. You can’t just sit there and take it and then use that as justification for not coming back. You must follow the terms of the agreement.
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Can an Employee Terminate an Employment Contract?
The short answer is, obviously, yes. However, it will be determined based on the terms of the contract. In any employment contract, there will be a section that deals with the times, the employment contract’s length, and then termination, so how that contract ends. Let’s first talk about the terms of the agreement.
Most employment contracts will have a date, meaning it’s a year-long, two-year, or three-year contract. Then if the agreement doesn’t terminate, it will state a language. It will automatically renew for successive one-year terms. In that case, if a contract isn’t closed in another way after the initial period ends, it’ll just continue forever until terminated.
I would say there is a rarely fixed term with no language about automatic termination. If it’s just a two-year fixed term with no automatic renewal, it would just end at the end of two years, and that would be it. The parties can go their ways.
What Are the Reasons for Contract Termination?
Now, regarding terminating the contract, the first part is that if there is no renewal, it ends, and the employment contract ends. Second, by mutual agreement. Suppose the employer and the employee agree that the relationship isn’t working. In that case, they can always, by contract, decide to move on, and then that’s it, you can move on. Next would be with-cause termination. In this case, if someone breaches the employment contract, there’ll be language that states why the employer can fire the employee. If you need a license to perform the activity and lose your license, or if insurance is required and you’re uninsurable. There are, I guess, vague behavioral clauses.
If you’re disabled, you die, I mean, ordinary things, but there should also be a part called a cure. And so, in that case, if one of the parties believes the other party is in breach of an employment contract, the most common reason is just payment concerns. Either someone is unpaid, they were promised an amount in the associate employment agreement, or maybe the timing. Also, the bonus payment is involved, and there is disagreement over the professional owed amount. That’s always a big, I guess, reason why there would be an allegation of breach of contract.
What Happens if Breach of Contract Is Committed?
If you believe the employer breached an employment contract, you’d have to provide them with written notice. And then the cure period means the employer would have a period to fix whatever the breach of associate contract is. Typically, that’s somewhere between 15 to 30 days. And the same can go for an employee.
If the employer thinks the employee is in breach of contract, they give them written notice, and then the employee has 15 to 30 days to fix the breach. If the breach is unfixed, the other party still believes the other party is in breach. Usually, that party has the option to terminate the dental associate agreements immediately. The last and most common way in most employment contracts is without-cause termination. There’ll be language that states that either party can terminate the employment agreement at any time, for any reason, with a certain amount of notice to the other party.
Typically, it would be somewhere between 30 to 90 days. Suppose the professional is unhappy and wants to move on. In that case, they give written notice saying I’m utilizing the without-cause termination notice in the employment contract. Then they must work out for 30, 60, or 90 days. Then at the end of that period, they can move on without any concerns regarding terminating the employment contract. Yes, an employee can terminate an employment contract, but they must follow the terms of the agreement.
Employment Contract Termination and Non-Compete Law
Just because an employee terminates, the contract doesn’t mean it necessarily ultimately ends at that point. They could be required of the employee if they terminate the contract. Many times, if given a signing bonus or relocation assistance, The employee would have to pay back a prorated portion of that if they left within the initial term of the employment agreement. Others could have non-compete associated with it.
So, just because an employee terminates the contract doesn’t mean that the non-compete doesn’t apply. It does, or at least it does in most circumstances if you’re in a state where non-competes are enforceable. How long will that last if there is a geographic restriction and then some temporary condition? That will continue even if the employee terminates the contract. If some malpractice insurance is involved and tail insurance is needed, it will say who must pay for that in the contract. Employees may also be responsible for that if they terminate the agreement. Although the employee can terminate the employment agreement, it doesn’t mean that there aren’t at least some strings attached.
One of the highest priority things I look at in the contract when I’m going over it with a professional. How do you get out of the agreement? And then what do you have to do if it ends within a certain period? In that way, the employee can know that I need to set aside this amount of money if I must pay for tail insurance or if I must pay back the signing bonus. So, they’re essential discussions and things employees could negotiate before signing any employment agreement. Hopefully, that was helpful—kind of an overview of termination of an employment contract.
How You Can Terminate an Agreement
You probably shouldn’t, and your employment contract probably prohibits it. In any agreement, it’s going to state how you can terminate an agreement. It could be for-cause, without-cause, mutual termination, or maybe the initial term ends. But in most cases, I mean most contracts are terminated without-cause termination. Without-cause termination, either party can terminate the contract with a certain amount of notice to the other. Typically, around 30 to 90 days is a standard amount for most employment agreements. Suppose you are an employee, and for whatever reason, you don’t want to work for the employer anymore. In that case, you must follow those terms written on the without-cause termination notice.
And it always needs to be written. It’s going to state that you must write a letter. And then, it will also say if it’s a 60-day without-cause termination. The employee has to provide it 60 days prior, work it out, and after the 60 days are over. The employees are free to go once the contract terminates, and the employees are free to move on. They want to go where they want to go after that—considering if there’s a non-compete or a non-solicit. Still, we’re not going to get into that today.
How Do Employees Communicate a Notice?
The most crucial part as far as this goes is that it will be called “notice” or “notices.” It’s toward the back of the employment agreement initially provided by the company. And this will state who, then how you need to provide notice if there is communication.
An employee could provide in writing a certified letter or overnight hand delivery of whatever termination notice you’re going to provide. And that would then be considered adequate notice. Very few contracts allow email as an effective notice medium. If you gave, let’s say, you wrote an email telling your employer. I’m giving you without-cause termination notice, and I have 60 days. X will be my last day of work. I appreciate the opportunity. Well, if the email is not an effective communication medium within that notice section, that’s not considered effective notice. And then, the employer could make you work for another 60 days until you provide adequate notice. So, that’s the essential part. You need to look in the notices section and determine if the proper way to terminate the employment agreement includes email.
I can tell you if I review a hundred employment contracts, 98 of them will not include email or fax. And you certainly can’t just verbally tell your employer you’re leaving. It must be in writing. And most often, it has to be sent either by certified mail or hand-delivered. It depends on whether you work for a small practice or a vast conglomerate with locations in every state. It’ll be impossible to hand-deliver the notice if you must provide notice to the headquarters, and that’s halfway across the country.
The Consequence of Notice Not Received
To be safe for the most part, you need to write a letter. You’ll have to print it out and send it via certified mail that the employer is using. Usually, it’s one or two. You must send it to the owner if it’s a smaller practice. If it’s a big conglomerate, you have to send it to probably your boss plus the legal apartment of the company as well. If you look through, how much notice do I have to provide? And then how do I have to provide effective notice? You’ll be safe.
I have a couple of scenarios, and people have called me after the fact. And they’ll say I sent a letter to my employer’s email. I told them I was going to terminate the employment contract, and they didn’t say anything. I assumed that my contract would end on a specific date. The employer was mad about the employee leaving the company. The employer ticked off that they were leaving. So, what they did was they just sat on it for 45 days. And then, 15 days before the physician thought he was going to leave, they said, you didn’t provide us with effective notice. Email isn’t an effective form of communication to provide notice. You owe us another 60 days until you give us adequate notice, meaning a written letter sent via certified mail.
And so, the physician had already lined up another job, he had a start date in mind, and then he had to return to the new employer. He would say, I apologize; I will have to delay my start date by almost two months. That was a tough pill to swallow for the physician. If you follow the terms of the notice section, then you should be okay.
What happens if you quit a job on contract?
If you decide to quit a job while under contract, it’s important to review the terms and conditions of your agreement carefully. Your contract typically outlines the required notice period, as well as any potential consequences or penalties for not adhering to these terms. While you are generally allowed to quit a contract job, failing to follow the established guidelines may result in financial liabilities, damage to your professional reputation, or legal repercussions. To ensure a smooth exit, maintain open communication with your employer, provide the required notice, and seek legal counsel if you are unsure about your contractual obligations or rights.
Is it OK to resign before signing contract?
Resigning from your current job before signing a new contract can be risky, as verbal agreements are not legally binding and may be subject to change. Circumstances such as budget constraints or shifts in company priorities could lead to the withdrawal of a verbal job offer, leaving you without employment. To mitigate this risk, it is advisable to wait until you have a signed, written contract from the new employer before submitting your resignation. This will ensure that you have a legally enforceable agreement in place, providing you with job security and a clear understanding of your new role and responsibilities.
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