What are the legal consequences for not finishing out your
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What are the legal consequences for not finishing out your
I am a CRNA/ARNP the works under an anesthesiologist. I’ve given my 60 day notice but would like to be released immediately. The anesthesiologist does not follow the practice
protocols/billing regulations of the state. I fear that he is committing fraud. His practice is putting patients in an unsafe environment and I fear that my license could be in jeopardy if something were to happen while I am his employee.
Asked on April 22, 2016 under Employment Labor Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
In the absence of a contract, one could leave employment immediately, without any notice whatsoever. With a written employment contract, however, you are obigated to the terms of the contract--therefore, if you leave before the 60 days are up, you are in breach of contract. That means that you could be sued for any costs or losses the employer suffers due to you leaving employment--to recover compensation, he'd need to be able to prove that the costs or losses were caused by your breach (quiting early). For example:
1) Say that you earn $52,000 per year, or $1,000 week. Say that to replace you on short notice, to make sure that he has enough staff for his practice, he has to go to a recruiter and pay a 15% ($7,800) recruiting fee, or alternately, has to hire a CRNA/ARNP through a medical staffing agency for two months at a price of $1,500/week, or $4,000 total more than he would have paid you for that period of time. He could sue you for the extra cost (e.g. the $7,800 or $4,000) he incurred.
2) Say that due to you leaving and him being understaffed, he needs to cancel two procedures he would have done otherwise, and that each procedure would have netted him, after costs, a profit of $5,000. He could sue you for the $10,000.
It's not certain that he will sue, of course. And if he does, he needs to prove that you caused him a quantifiable loss through leaving without adequate notice. But if he does, he could recover that amount from you.
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