Question:
Dear Jennifer,
One of our employees has improperly given notice of their departure. I would like him to continue with us but what are our options?
-Dr. C.
Answer:
Everything boils down as to what is in the terms of the employment agreement. If the employee has given notice not by the terms of the agreement, then you can sue for breach of contract. You can have a conversation with your employee and see if he will agree to remain for a negotiated amount of time (whether that is to effectuate the transition process or align with the terms of the agreement). However, please keep in mind that specific performance (forcing an employee to perform as required in a contract) is not an appropriate remedy for a personal services contract breach. Courts will not enforce it, as it is akin to involuntary servitude in violation of the 13th Amendment.
Nobody wants an unhappy employee. If litigation is an issue, another way to enforce the agreement without resorting to specific performance is a non-compete clause. This will prevent the employer from working with a competitor so long as it is reasonable in time and geographical scope and necessary to protect your legitimate interests. A non-solicitation clause can also prevent your employee from contacting your current patients for a reasonable amount of time after his departure. If we drafted your agreements, these are definitely in there and we can enforce the breach through these means as well.
If you would like help through this process, I’m happy to assist. No matter what we do, I cannot guarantee that this will go smoothly, but I can promise we can do our best to help you tighten any loose ends and ensure for a smooth transition.
-Jennifer
Dear Jennifer,
One of our employees has improperly given notice of their departure. I would like him to continue with us but what are our options?
-Dr. C.
Answer:
Everything boils down as to what is in the terms of the employment agreement. If the employee has given notice not by the terms of the agreement, then you can sue for breach of contract. You can have a conversation with your employee and see if he will agree to remain for a negotiated amount of time (whether that is to effectuate the transition process or align with the terms of the agreement). However, please keep in mind that specific performance (forcing an employee to perform as required in a contract) is not an appropriate remedy for a personal services contract breach. Courts will not enforce it, as it is akin to involuntary servitude in violation of the 13th Amendment.
Nobody wants an unhappy employee. If litigation is an issue, another way to enforce the agreement without resorting to specific performance is a non-compete clause. This will prevent the employer from working with a competitor so long as it is reasonable in time and geographical scope and necessary to protect your legitimate interests. A non-solicitation clause can also prevent your employee from contacting your current patients for a reasonable amount of time after his departure. If we drafted your agreements, these are definitely in there and we can enforce the breach through these means as well.
If you would like help through this process, I’m happy to assist. No matter what we do, I cannot guarantee that this will go smoothly, but I can promise we can do our best to help you tighten any loose ends and ensure for a smooth transition.
-Jennifer
Have a question for Jennifer? Email is best. You can reach her at Jennifer@Kirschenbaumesq.com.
