Can my employer sue me for damages if I leave my job withing my probationary period?
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Can my employer sue me for damages if I leave my job withing my probationary period?
I was hired by a company 2 weeks ago and am still under the 90 day probation period. During this time I found another job closer to home and have turned in my 3-day notice of resignation. My employer said he would sue for damages due to not giving him a 3 month notice. On the employer contract it does indeed say I have to give a 3 month notice but doesn’t specify if it also applies to while I’m still in the probationary period. The employer, on the other hand, during the probation period, can terminate me at any time of the 90 day probation period with a 3-day notice. Would that be grounds on which he can sue me on? The 90 day probation period in which he can fire me for whatever reason with a 3 day notice seems unfair on the contract since I can not apparently do the same.
Asked on April 26, 2017 under Employment Labor Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Yes, you can be sued on this basis. A contract is enforceable, even if very one-sided--the law allows a contract to favor one side over another. If you agreed to provide 3 months notice but fail to do so, the employer can sue you for "breach of contract." The can sue for any *provable* losses or costs (e.g. staffing or recruiting costs; loss of business) they can show were reasonably, foreseeably, and actually caused by your failure to give the contractually required notice.
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