Can You Leave a Job Before an Employment Contract Ends in Florida?

Did you sign a fixed term employment contract? Are you considering leaving your position before the contract actually expires? You may be wondering if that is lawful. That answer is “yes”, but there could be some ramifications associated with doing so. In this article, you will find an overview of the key things that you need to know about your options for leaving a job before an employment contract ends in Florida.

A Fixed-Term Contract is Different From At-Will Employment

First and foremost, it is important to understand that a fixed-term contract is different from an at-will contract. Most Florida employees work on an at-will basis. As explained by the National Conference of State Legislatures, that means that either party can generally end the employment relationship without advance notice and for any reason, but for an unlawful one. However, a genuine fixed-term agreement is different. Florida courts recognize that an employment contract with a specified duration is generally not terminable at will unless the agreement authorizes early termination. An employee remains physically free to resign, but leaving without a contractual basis may constitute a breach of contract.

You are Not Committing a Crime By Leaving Early, But Your Employer May Have Damages

Leaving a job before a fixed-term contract expires is not a crime. In other words, your employer cannot make you keep working at a position. It is always possible to leave. Florida law does not force employees to continue working because they promised to remain for a specified period. However, an early resignation may constitute a civil breach of contract. You can be held liable for breaching an employment agreement.

Your employer can hold you liable for its losses. Some of the potential damages that a Florida employer may have in a breach of contract employment law claim could include reasonable recruiting expenses, temporary replacement costs, lost profits, or other foreseeable losses directly caused by the breach. Still, the employer cannot automatically recover the employee’s remaining salary or impose a financial penalty simply because the employee resigned. Before you leave, get legal advice.

Note: An employer also has a duty to take reasonable steps to mitigate its losses.

Can an Employee Be Required to Pay Back a Signing Bonus?

Yes. A Florida employee may be required to repay a signing bonus when a written agreement clearly conditions the payment on remaining employed for a specified period. The amount may decline on a prorated schedule or become fully repayable upon an early voluntary resignation. However, the employer must rely on the contract language. Beyond that, an excessive repayment obligation may be challenged as an unenforceable penalty.

You Should Review Whether You Have a Contractual Right to Leave Early

Do not assume that you are stuck to the full fixed term. Some fixed-term contracts expressly permit resignation upon 30, 60, or 90 days’ written notice. Others allow an employee to leave for “good reason” if the employer materially reduces compensation, changes essential duties, relocates the position, or commits another specified breach. Even without an express good-reason clause, an employer’s material breach may provide the employee with a defense to enforcement or support an independent breach-of-contract claim. If you have questions about your specific contract, an experienced Florida employment attorney can conduct a comprehensive review and evaluation.

Get Help From an Employment Lawyer in Florida

Employment contracts can be complicated. If you have any questions or concerns about the enforceability of the terms of an employment agreement, an experienced Florida labor law attorney can help you understand your rights and your options.