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Breaking contract before starting work

  • 10-10-2015 10:00pm
    #1
    monkey8
    Registered Users, Registered Users 2 Posts: 386 ✭✭


    I have signed a contract for a job to start in January but have gotten a better offer that I want to accept.
    Is it possible to break the contract without any repercussions since I haven't started yet?


Comments

  • #2
    Uno my Uno.
    Registered Users, Registered Users 2 Posts: 905 ✭✭✭Uno my Uno.


    monkey8 wrote: »
    I have signed a contract for a job to start in January but have gotten a better offer that I want to accept.
    Is it possible to break the contract without any repercussions since I haven't started yet?

    Depends what the contract says, check the section titled "termination" either way they can't make you work for them.


  • #3
    scrummonkey
    Registered Users, Registered Users 2 Posts: 68 ✭✭scrummonkey


    As a general rule, (there are exceptions), if you breach a valid contract, you are liable for damages. As UNO my UNO alluded to, an employment contract is a slightly different beast in that the court will not order specific performance that forces the employment relationship of servant /master. IMO, it is highly unlikely you would be pursued for damages unless the "jilted" employer has suffered serious loss by the breach and you have substantial financial resources.


  • #4
    seamus
    Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    scrummonkey wrote: »
    IMO, it is highly unlikely you would be pursued for damages unless the "jilted" employer has suffered serious loss by the breach and you have substantial financial resources.
    Agreed, the primary damage here can be reputational. However as the new job doesn't start till January, the employer may not be that aggrieved about pulling out with so much notice.

    I would also be dubious about the enforceability of a contract before your employment start date. You are not legally employed by them until that date, so it's likely the contract is not enforceable until that date.


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