question regarding employment contract

[matéo]

Hey a friend asked me to help her and I know a lot of people here who are always switching jobs. Taken from her email.

I recently signed a contract to be employed at a company for one year from July14, 2008 to July 17, 2009. I am set to start on Monday but I have been offered a much better position at another company. I have not started the job yet and I need to know what type of obligations I have towards my contract and the repurcussions that may occur if I break it. The contract states that "expects you to complete the full term of employment as stated above, unless otherwise prevented by circumstances beyond control. Either party may terminate this contract in writing and providing 2 weeks notice."
I have not yet started the position and I want to know what are my options and if I do want to break the contract the consequences I will face. Will I have to do with legal issues? Will they even bother following through with legal action against me since I have not yet started with the company? Please advise.

[Kraig]

Assuming that she has the other "better positions" WRITTEN offer in her hand and ready to sign... (and make sure it is in fact a "better" offer all round)...

If that is the only legal terms of her contract, then she should immediately write an email or business letter sent via email advising her request to rescind her offer as she has been offered a better full time position with another company. It happens all the time. Have her apologize in the letter for the last minute nature of the letter and request and that she greatly appreciates the time they spent with her and the offer of the exciting position.

They'll be pissed, but it'll make sense.

[Phrenetic]

contract would go into effect the 17th, mabey he should talk to his employer.

i think

[matéo]

I think the biggest concern Kraig is shes scared of any reprecusions or legal issues with the first contract which has been signed. Can they do anything in that regards to her?

I mean how can you legally define "circumstances beyond control"

[lildonkey]

You honestly think they are going to go through the legal hassles of suing somebody over them quitting?

unless she is doing a job that pays 500k+ a year, or its in a highly specialized field where her quitting would completely fuck the company, then it's not going to be a problem

[Kraig]

Originally Posted by matéo

I think the biggest concern Kraig is shes scared of any reprecusions or legal issues with the first contract which has been signed. Can they do anything in that regards to her?

I mean how can you legally define "circumstances beyond control"

No they can't unless specifically stated in writing. She's fine.

[lildonkey]

Originally Posted by Kraig

No they can't unless specifically stated in writing. She's fine.

^ I would take that advice with a grain of salt. The only person qualified to tell you a definite answer to your question would be a lawyer

[matéo]

Kraig runs the corporate shits!!

[ebbomega]

Usually contracts stipulate how long you have to terminate. I know mine is 1 week. I don't see it being legal for them to hold you for longer than 2 weeks.

Keep in mind, if they decide that you're a calamity and they want nothing to do with you, they'll probably want the ability to terminate the contract on a whim's notice so they'll probably give you that same ability.

The longer you wait however the longer you're going to be bound to the contract. If you give them a week they'll probably just say something like "Well, what's the point of training you if you won't be around?" and ask you to just not come in.