Can You Get Out of an Employment Contract Early?

Did you sign an employment contract? If so, you may be wondering if there is any way to get out of the agreement early. The answer is “it depends.” While the employer certainly cannot force you to continue working, they may be able to require you to pay back certain compensation and/or avoid competing against the business if you leave the agreement early. In this article, you will find an overview of the key things to know about getting out of an employment agreement early in Florida.

You Should Start By Carefully Reviewing the Terms of Your Employment Agreement

An employment agreement is a legally binding contract. If you are considering ending yours early, you should start by carefully reviewing the document you signed. Many employment contracts in Florida include provisions that outline the process for early termination. These clauses (if they exist) may specify a notice period, required written notice, or acceptable reasons for resignation. The language included within an employment agreement always matters.

Look for a Termination Clause in Your Employment Contract

In Florida, whether you can exit an employment contract early (without penalty) depends primarily on the agreement’s termination clause. Most contracts outline conditions under which either party may terminate the agreement, including “termination for cause” and “termination without cause.” These clauses often require advance notice (30 days, 60 days, or longer) and they may define acceptable grounds for ending the relationship. If the contract is silent on early termination, the general principles of contract law may apply. A unilateral withdrawal could expose you to liability.

A Florida Employer May Be Able to Enforce a Non-Compete Agreement 

If your employment contract in Florida includes a restrictive covenant (such as a non-compete clause) an early termination does not nullify those obligations. Florida Statutes § 542.335 allows employers to enforce valid post-employment restrictions if they protect legitimate business interests and are reasonable in time, area, and scope. In other words, even if you are able to exit out of a contract early, a non-compete clause may still be enforceable. 

Trying to Get a Settlement to Exit an Employment Agreement Might Be the Best Option 

Trying to negotiate a settlement to exit your employment agreement may be the most practical, legally sound strategy. It is especially true if your employment contract does not allow you to withdraw from it early without paying a significant penalty, such as the return of a signing bonus. In some cases, an employer may be willing to voluntarily terminate your agreement early if you are on relatively strong terms and/or if you are willing to sign a release of claims against the company. 

Get Help From Our Florida Employment Contract Lawyer Today 

Employment contracts are legally binding. Your options for getting out of an agreement early will depend on a wide range of case-specific factors, including the specific language in the contract. An experienced Florida employment lawyer can review your case and help you build the right strategy.