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Terminating a contract without an applicable termination clause...

                  April 9, 2015
Question:

Jennifer,

I would like to terminate my current employment agreement.  I am a few months in and just do not think I chose the right fit.  I am allowed to terminate, but only within 90 days before the start of the second year.  That is a long way off.  What can I do?

Thanks, Dr. P

Answer:

Without reviewing your particular agreement my comments will be general and potentially not applicable. So, first, I recommend we discuss offline and I review the agreement. Second, with the facts as stated, it sounds as though you are party to an agreement that contains termination provisions, but your ability to terminate without cause is limited, which effectively locks you in if you care to terminate and not be in breach of contract.  

Your best bet at this stage as far as terminating likely is to negotiate a separation with the practice, which may require you buy your way out.  Your other obvious option is to wait the time out and terminate pursuant to the contract.  The third option, which I do not recommend or endorse, is for you to attempt to terminate and stop going to work - that would place you in breach of contract and potentially liable to a plethora of damages - determined at trial or arbitration (depending on contract terms).  For additional comment on your circumstances, including a review of potential liquidated damages, feel free to email me your contract and we can discuss terms of review.  

Of course the best way to avoid the above situation is to ensure you have a palatable way out of your employment at the start - be sure to utilize healthcare counsel in review and negotiation of any potential employment or partnership arrangement.  

For assistance in contracting, contact Jennifer at Jennifer@kirschenbaumesq.com or 516 747 6700 x. 302. 


 
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