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Breaking Out of an Employment Contract Legally

By Edited Feb 10, 2014 0 0

A contract is a document that serves as a symbol of the agreement between two or more parties. It should have "an offer by one party, an acceptance of that offer by the other, and a consideration or payment for services rendered or goods delivered." An employment contract is a type of this document.

Employment contract is an important document that companies have to provide their employees the moment they step in their office. Employees, on the other hand, should take time in reading and understanding it.

Breaking an employment contract usually sparks a lawsuit against the person who broke the agreement (which can either be the employer or employee). However, there are a few legal ways to break out of an employment contract legally.

  • Take advantage of the "right of rescission" or a common section of the agreement that gives three business days to cancel the contract and is brought about by decree or mutual consent. Withdraw from the contract within these three days in order to avoid penalty.

  • Only legal adult or those 18 years old and above are allowed to enter into a contract. However, legal age differ in every state. Check the age of the parties in the contract and the state where it was made. If any of these requirements are not met, the contract is voidable.

  • Contracts agreed under duress are also illegal. A person who signed the contract under pressure or against his will is not required to follow its terms.

  • Contract is also invalid if the people who signed it are under the influence of any substance, which made them impaired. They do not have a full understanding of the details they agreed into.

  • If the terms of the contract were not met by either one of the parties, then it is considered void. The people involved may not fulfill or honor the obligations under the contract.

  • Present evidence which proves that the contract was entered under false representation or executed with fraud. This kind of contract is also invalid.

  • If the participating parties mutually agree that they don't want to pursue the contract anymore, then it can be terminated. A party who want to get out of the contract has to properly communicate with the other people involved and explain his side. They may give permission to void it.


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