If an employee breaches a contract for employment to go to a higher paying job....?

Question

what legal remedies would a judge most likely award the original employer?

Would it be specific performance?
Maybe monetary damages?

Please only answer if you are solidly sure.

Thanks a bunch all!!

Answer 1

Employment contracts are examined very closely, and the law governing them can vary by state. Assuming that you have a valid employment contract in your state, and your former employer decides to sue, the employer probably has several remedies. It might sue you personally for damages for breaching the employment contract and to keep you from working for the new company, or it could sue the new employer on several grounds. It might claim the new company intentionally caused you to breach the employment contract in order to engage in unfair competition. Depending on whether trade secrets are involved too, the former employer might also claim punitive damages, actual damages and an injunction or specific performance (ie, to make you stop working in violation of the employment contract). In some states the Judge could decide to revise your employment contract (for ex., if you had one for 10 years, the Judge could decide that in your industry 5 years would be more reasonable). This is one of those areas where you really do need to speak to a lawyer in your own state. The new employer's lawyer may be a good person to evaluate whether the employment contract is enforceable in your state..

Answer 2

A court would reward whatever the contract stated except for 2 exceptions.

A court will not award specific performance for personal service contracts such as employment...it is considered too close to indentured servitude...outlawed by the 13th amendment

2nd a court will not give liquidated damages if it appears the award will far exceed any damages...other than that the court will pretty much reward whatever the contract stated...or what the employers damages are....for example to prevent you from divulging company secrets.

Answer 3

Without knowing the terms of your contract, it is difficult to say what will be ordered, if anything.

If your employer trained you for a specific job, they can recover cost. Usually set forth in said contract. If you force them into court, they can recover legal fees.

If you have a performance based contract, you can be fired for failure to perform. Or sued for completion of said work or monetary compensation to offset cost.

The list goes on and on.

Answer 4

In general it is not worth it for the original employer to take legal action in these cases -- the premise being they can't stop you from improving your situation and to get monetary damage they would have to prove their losses.