Q&A: How to write a letter to terminate an employment contract?
Question by winnie: How to write a letter to terminate an employment contract?
My friend has signed a contract with a company which she is supposed to serve for 1 year. However, due to unforseen circumstances, she is unable to fulfill the contract.
How can she write a letter to inform the employer regarding the intention to breach the contract, without hurting any party’s feelings?
Best answer:
Answer by intracircumcordei
Ask to revise the contract.
If there are failure to perform clauses this is already mitigated.
That is if she breaches there are likely terms within the contract that delegate the result of breach of contract.
If she explains the situation and it is reasonable they should understand.
If it somehow is due to her not understanding a portion of the contract then the contract is not legally binding, because a contract must be understood to be bindable.
If circumstances change.. and it is at no fault to herself then she should not be liable, if she did not agree to insure those portions of the terms. That is if the contract fails beyond her powers to enforce the contrac tthen she is not liable for breach.. but if she did have the capacity to perform then she would be in breach.
But really the only thing that can be done is to discuss the diffiiculties and see if they may be able to be mitigated in both parties interests.
PS if there is nothing to discuss penalties for non performance than at law there is no set penalty for non performance, nor was the position expected to must last 1 year.. only that the contract period was one year.. and that there was no inherent penalties for non performance.
However the company may have grounds for tort if there was intentional damage caused to the company contrary reasonable good will.
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