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Breaking A Contract?


_Asti_

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Earlier this fall was I offered a small job [job#2] for something great. It's exactly the experience I wanted, and it was going to count towards a field study that I needed for my schooling.

 

Great.

 

Fast forward 4 months and nothing has happened. Due to the economy, the company we had a contract with had to close several sites down, ultimately affecting this job. I have yet to work for this company, and most likely won't start till January.

 

Enter job #3 [i have another job aside from the one mentioned above..] I received an email this morning from my old employer, a local hospital, offering me my old position back for 4 months. Great pay, great people, great job.

 

I want to dump job #2. I'm tired of waiting for things to get going, I need to make sure I can get enough hours for my field study, and just don't know whats going on. But the problem is, I've signed a contract for this contract. [make sense?]

 

Does that matter? Am I stuck with this job? The contract was based on confidentiality, and another accepting the position and confirming my position from now till April with them. Can I just speak to them, tell them whats going on, why this isn't going to work, etc?

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Well we were supposed to start in October I believed, then that changed to November and techncally I guess they've started, and two of the other girls have started, or tried to start, and nothing has happened yet because of the shut down of sites.

 

I know one of the girls threatened to quit because she needs this job to pay rent etc, and they said to just wait things were happening. So they've so far only given shifts to the two other girls, and left me and my friend just hanging so far. I think they've overhired in the first place and now with the two mine sites shut down, there's defintely too many people especially if I'm only going to get MAX one shift a week, if that.

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there's a good chance that they violated the contract first by not hiring you on the original start date, so in theory you could say that they contract was already broken by them.

 

so i'd politely send them an email saying that since you never started on your designated start date, you consider your contract void and will be taking employment elsewhere.

 

i also think that most employment contracts are hire/fire at will (including yourself who can quit at will), though confidentiality contracts do apply (i.e., you can't reveal their data, but they can't make you work for them if you choose to leave).

 

I'd try to beg off nicely first and see if they'll release you. They may be fine with you not starting if they are having trouble themselves.

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Yea that's what I'm thinking. They hired four girls for this and I thought that was a little much, and then from there the work dates got cut almost in half, leaving four girls 5 shifts to fight over. Doesn't make sense to me, and the fact that they just told my friend they don't need her till January now...they can't just expect us to sit and wait for them to get their crap together considering its been a few months and nothing yet.

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