How can one get out of a work contract?
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How can one get out of a work contract?
My son signed a contract to work for a temp agency for 2 years. The agency provided transportation, housing and training. The company he was leased out to wants to hire him. The temp agency wants a large damages fee to leave. What are his options?
Asked on August 1, 2018 under Employment Labor Law, Maryland
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
A contract, once signed, is binding unless:
1) There is some "early termination" clause or provision and the person wanting out of the contract fully complies with its requirements;
2) The other side lied about something material (important) to get the person to sign the contract, which would be fraud--fraud provides a basis to void a contract;
3) The other side breached or violated the contract in some material or important way (in a work contract, typically by not paying what agreed to pay or, if the contract specifies certain hours or certain job, not providing that), which allows the non-breaching party to treat the contract as terminated if they choose.
Otherwise, your son is obligated to his contract and if he violates his terms, he either needs to pay any penalty stated in the contract or could be sued by the agency for costs or losses they can show his breach causes them.
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