required to complete contract after giving notice of resignation

[kmacsparran]

What is the name of your state (only U.S. law)? Virginia

My wife is in healthcare (in Virginia), and signed a contract to work 1 year. The full term of the contract would go through early June 2009. There is an early termination clause, that requires 60 days notice.

She has been offered and accepted a new position, and gave her 60 days notice this afternoon. Her current (now ex-)employer accepted her resignation, and said that she would have to work the full 60 days per her contract, which she had fully expected. However, he then told her that he planned to cut her hours, possibly drastically, during that time (she is paid hourly).

My question is whether there is any recourse my wife can pursue, or if she simply has to go along with having her hours cut? Any advise will be greatly appreciated.What is the name of your state (only U.S. law)?

As a note, I found a reference online that seems like it may apply:
"The claimant was promised between 37.5 and 40 hours of work per week, averaging 39 hours per week. The claimant's unrefuted testimony was that she had averaged only 32 hours per week, causing her economic hardship. Where the claimant is paid far less than the promised amount, she has good cause for quitting. Buchanan v. Key Federal Savings Bank, 3259-BR-94."

My wife's contract does not specify an number of hours that she would work. However, she was promised to be a full-time employee when the job was offered to her, and she has always (previous to today) been treated as, and referred to as a full-time employee, which includes her being eligible for full-time employee benefits.

[cbg]

She will have to show the contract to an attorney in your state. We cannot comment on the legality or enforceability of a document we have not read.

[LeeHarveyBlotto]

Does the contract call for her to work for these guys exclusively? Perhaps the new employer would welcome the opportunity to get her part time right away.