Breaking Training Contract Help
#22
Gets Weekends Off
Joined APC: Nov 2011
Position: Admiral
Posts: 726
Actually there could be a case here. If the advertised terms were changed and the OP was stuck between a rock and a hard place, it could be argued that the contract was signed under duress. But there better be clear evidence of it, and/or verifiable evidence that others were given better deals.
#24
Disinterested Third Party
Joined APC: Jun 2012
Posts: 6,020
#26
Actually there could be a case here. If the advertised terms were changed and the OP was stuck between a rock and a hard place, it could be argued that the contract was signed under duress. But there better be clear evidence of it, and/or verifiable evidence that others were given better deals.
That was a loophole. In this case I think it might be legit.
I would say he has a case at least worth discussing with a lawyer if he has docs showing certain conditions were advertised, but more onerous conditions were applied after he had quit his old job.
If that can resolved with a phone call from a lawyer, all good. But again it might be hard on your future employment opportunities if you end up involved in a public record lawsuit. Gotta weigh cost vs. benefit on that...
#28
Not a chance. No contract existed to breach. If you're asserting that the advertisement represented a contract, or the invitation to move or job offer represented a verbal (or other) contract, you'd have a very hard time making that stick.
The only tangible contract is the one the original poster signed. Any other implied duty would be a legal battle that he'd be very unlikely to win.
The only tangible contract is the one the original poster signed. Any other implied duty would be a legal battle that he'd be very unlikely to win.
#29
Gets Weekends Off
Joined APC: Oct 2015
Posts: 176
A contract signed under duress is not enforceable.
If the Company wants to collect show them what was originally offered to you versus the revised contract they actually put in front of you after you had already quit your job, turned down other offers, relocated, etc, etc. Tell them you signed their revised contract under duress and that not only is it not enforceable but you are entitled to other damages as well - perhaps multiples of what they are asking. Tell them you would be reluctant but forced to pursue these options with your attorney if they wish to proceed.
In your correspondence, copy your hiring manager, HR and the Company's legal department and ask for a response in how they would like to proceed.
If the Company wants to collect show them what was originally offered to you versus the revised contract they actually put in front of you after you had already quit your job, turned down other offers, relocated, etc, etc. Tell them you signed their revised contract under duress and that not only is it not enforceable but you are entitled to other damages as well - perhaps multiples of what they are asking. Tell them you would be reluctant but forced to pursue these options with your attorney if they wish to proceed.
In your correspondence, copy your hiring manager, HR and the Company's legal department and ask for a response in how they would like to proceed.
#30
Disinterested Third Party
Joined APC: Jun 2012
Posts: 6,020
A contract signed under duress is not enforceable.
If the Company wants to collect show them what was originally offered to you versus the revised contract they actually put in front of you after you had already quit your job, turned down other offers, relocated, etc, etc. Tell them you signed their revised contract under duress and that not only is it not enforceable but you are entitled to other damages as well - perhaps multiples of what they are asking. Tell them you would be reluctant but forced to pursue these options with your attorney if they wish to proceed.
In your correspondence, copy your hiring manager, HR and the Company's legal department and ask for a response in how they would like to proceed.
If the Company wants to collect show them what was originally offered to you versus the revised contract they actually put in front of you after you had already quit your job, turned down other offers, relocated, etc, etc. Tell them you signed their revised contract under duress and that not only is it not enforceable but you are entitled to other damages as well - perhaps multiples of what they are asking. Tell them you would be reluctant but forced to pursue these options with your attorney if they wish to proceed.
In your correspondence, copy your hiring manager, HR and the Company's legal department and ask for a response in how they would like to proceed.
Guess who has the burden of proof.
Thread
Thread Starter
Forum
Replies
Last Post