Monday, August 29, 2011

How to Break an Employment Contract Before You Start Work

Say you've landed the job for which you've been vying, only to find that the offer wasn't as great as you once thought. If you've already signed an employment contract before even starting the job, you might have a harder time wrangling out of it. However, if you communicate with the company -- or at worse, retain legal counsel -- you may be able to get out of the contract professionally unscathed.



Instructions

1 Determine your reason for breaking the contract. For example, you may have a pressing personal problems that hinders your ability to work; if this is the case, you may have a valid reason to back out. However, if the matter is simply that you don't like the company anymore or got a better offer, you may have some legal wrangling to do to persuade the company to let you go.

2 Talk with your prospective employer. Request that it let you out of the contract and explain why you are making the request. Sometimes, if it is for reasons beyond your control -- such as an unexpected health issue or family-related problems -- the company is more than willing to do so without much issue.

3 Consult a labor attorney who can discuss your options with you. He can give an idea of what your chances are if you pursue the matter through legal channels and explain the terms of the contract in great detail to help you understand why you can't easily break it. He can also assist you in any negotiations with the company on severance of the contract.

4 Request a confidential negotiation process. If you don't or if the company won't agree to this, then you run the risk of your name becoming mud in the industry in which you work, because of your lack of commitment to a company for which you signed up to work. Ask your lawyer how you can protect your name, so that this doesn't affect your ability to move on to another gig.

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