Legal consequences of breaching W-2 contract?

  • SQL Guy 1

    SSCoach

    Points: 15732

    I am consultant working on W-2 for consulting company on 6-months contract.

    Actually, I never signed any contract with them. In the beginning there was an offer letter clearly stating that this is an employment at will and I will work for 6 months at a client site. Since then this "contract" was renewed couple of times, just in email and through the phone conversation where they asked whether I will work for them for another 6 months.

    Now I found another job that pays better and it is real FT job with full benefits. But the problem is that I still have 4 months before ending my current 6-months agreed period.

    Will they be able to sue me if I breach/resign from them? And another question. They pay me with about 2 months delay. Can they just withhold that money and never pay me, just because I left before the term?

    Thanks in advance.

  • Lynn Pettis

    SSC Guru

    Points: 442332

    If your original letter specified work at will and nothing in writing has superseded that statement, I would say you are free to give two weeks notice. No, the company can't keep the money you have earned. To be sure, you may want to see an employment attorney to be sure.

  • SeattleDBA

    Ten Centuries

    Points: 1019

    SQL Guy 1 (7/28/2016)


    Will they be able to sue me if I breach/resign from them? And another question. They pay me with about 2 months delay. Can they just withhold that money and never pay me, just because I left before the term?

    Why would they pay you with a 2 month delay?

    That seems unreasonable.

    I have never had a contract that does that.

  • SQL Guy 1

    SSCoach

    Points: 15732

    For work that's done in June, they pay usually in the middle of August. They explain it as a lot of paperwork is involved and delays from a client. But I suspect that they do it in purpose in case if a consultant will break away.

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