Cancellation of a contract

[Jurema]

California

Problem: I signed a one-year contract for a position in a company and three weeks before I was supposed to start working I got a better offer. The recruiter (who works for the company) wants me to pay for losses and damages. In the contract signed there is no clause about havig to pay for expenses in case of cancellation or termination. I also want to know if the contract is effective by the time both parties signed it or by the time I was supposed to report.

What should I do? I have been unemployed for 3 months.

Any help will be appreciated!
Thanks

 

[Attorney_Replogle]

Jurema, you don't know how fortunate you are! Most employees in California are at-will, which has fewer protections than a person with a contract. I am assuming that your contract states or implies that your termination can only be for cause.

Getting to the heart of your questions -- the contract is effective when both parties sign it. Next, I would have to see the contract myself in order to give you the best advice. However, the employer could certainly sue you to recover its losses without a specific clause in it. The employer's damages (or losses) would include the money spent finding a replacement employee. Also, if they had to pay the replacement employee more money than they would have paid you, then you are responsible for that pay difference. Third, they could claim that you should pay them the amount of money reprsenting lost income as a result of their not having a trained employee in your position for X months. Fourth, if the contract provides, you might also be responsbile to pay their attorneys fees and courts costs in order to enforce that contract.

Hope this helps!