Breaking Contracts - Page 2

From the Right · Jul 25th 2007, 02:25 AM

I'll never understand the "breaking contract" questions. It's a contract! You agreed to work x years they agreed to pay you for x years. I'm curious, if the station decided to "break" your contract would you sue or just say....ok, I understand....no problem? Don't sign contracts you're not willing to fulfill, it will save you a lot of trouble.

The Mockingbird · Jul 25th 2007, 05:00 AM

If you're leaving the industry, there's very little they can and will do, likely.

Now, if they paid you moving expenses, they might have stipulated they get those back within a certain time period.

Bottom line: if you're a 20k a year employee, they're not going to come after you unless it's easy. Do you have any idea how much a jury would be pissed off the big bad corp is suing you after finding out how much you made and your hours?

If you were going to work across the street, it'd be easy, their guy could type up a mean letter, and scare your new media corp, because they're likely as big of kitty synonyms as your own company.

Same goes if you're staying in the industry, but going to another town. It's relatively easy (if they know where you're going) to do that.

Now, one wrinkle: a lot of contracts call for arbitration for contract disputes. If yours has that in it, that probably means your corporation isn't the litigious type. Arbitration is designed to keep YOU from suing them, but it works in your favor, too.

From the Right · Jul 25th 2007, 05:20 AM

I'd be careful. Regardless of hours and pay a contract is a contract. Nobody is forced at gunpoint to sign a contract for 20K/year. A jury can feel any way they want but they have to find on the basis of the law. A contract states you will work for x dollars for x years...it's pretty cut and dry. Most contracts don't say, "we'll pay you 20k a year to do your job until you get tired of it or find something else."

Sure, some places may let you go work for someone else outside the business but legally I would think they're under no obligation. I'd be very, very careful and consult a good lawyer before trying to break a binding agreement between you and an employer.

The Ump · Jul 25th 2007, 06:40 AM

Contract or no, the station can't force you to work for them if you don't want to. Indentured servitude is not legal in this country.

What they could do is sue for damages if you break your deal, but they would have to prove and justify the damages to the court.

It works both ways: Unless you have specific language in your contract saying so, they don't have to put you on the air or even make you come in to work, but they would still be obligated to pay the balance on your contract whether they use your services or not, barring termination clauses your agreement may or may not have.

NoWay · Jul 25th 2007, 09:35 AM

I agree. If you're not happy, you should get out. In my case, I settle for X dollar amount a year because I was told I would get OT. But by the time I got there, budget forced cuts, people were fired, OT became non-existent. Now I'm struggling to make ends meet, especially with an agent taking a nice chunk of those little bitty checks. I wouldn't have signed if I had been told the truth. I'll miss the biz, but I can't make it on that salary. I still have a while on the contract too.

From the Right · Jul 25th 2007, 02:22 PM

I'm not saying to stay if you're not happy. My point is don't expect to get out free of charge. I don't have any idea what was promised you in a contract but I've never had a station promise me happiness. Ump is right, there's no such thing as indentured servitude but there is such a thing as a binding contract.

Sure, with a good lawyer any contract can be broken but it's not free. Any decent television station isn't going to set a precident that allows people to skip on contracts. One person leaves then the guy working weekend mornings is "unhappy" because they have to wake up early so they want to leave too. It's just not good business for a station to let people out of contracts because they're "unhappy."

If you sign a contract, be prepared to HONOR the contract just as you expect your employer to honor the contract.

Jul 25th 2007, 06:40 AM	#29
The Ump Member Join Date: Nov 2002 Location: Deep South Posts: 65	Contract or no, the station can't force you to work for them if you don't want to. Indentured servitude is not legal in this country. What they could do is sue for damages if you break your deal, but they would have to prove and justify the damages to the court. It works both ways: Unless you have specific language in your contract saying so, they don't have to put you on the air or even make you come in to work, but they would still be obligated to pay the balance on your contract whether they use your services or not, barring termination clauses your agreement may or may not have. __________________ I am The Ump. My call stands.

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Jul 25th 2007, 02:25 AM	#26
From the Right Open Line Veteran Join Date: Oct 2003 Posts: 2,771	I'll never understand the "breaking contract" questions. It's a contract! You agreed to work x years they agreed to pay you for x years. I'm curious, if the station decided to "break" your contract would you sue or just say....ok, I understand....no problem? Don't sign contracts you're not willing to fulfill, it will save you a lot of trouble.

Jul 25th 2007, 05:00 AM	#27
The Mockingbird SECRET NO/FORN Join Date: Aug 2004 Location: An Orbiter Posts: 9,922	If you're leaving the industry, there's very little they can and will do, likely. Now, if they paid you moving expenses, they might have stipulated they get those back within a certain time period. Bottom line: if you're a 20k a year employee, they're not going to come after you unless it's easy. Do you have any idea how much a jury would be pissed off the big bad corp is suing you after finding out how much you made and your hours? If you were going to work across the street, it'd be easy, their guy could type up a mean letter, and scare your new media corp, because they're likely as big of kitty synonyms as your own company. Same goes if you're staying in the industry, but going to another town. It's relatively easy (if they know where you're going) to do that. Now, one wrinkle: a lot of contracts call for arbitration for contract disputes. If yours has that in it, that probably means your corporation isn't the litigious type. Arbitration is designed to keep YOU from suing them, but it works in your favor, too.

Jul 25th 2007, 05:20 AM	#28
From the Right Open Line Veteran Join Date: Oct 2003 Posts: 2,771	I'd be careful. Regardless of hours and pay a contract is a contract. Nobody is forced at gunpoint to sign a contract for 20K/year. A jury can feel any way they want but they have to find on the basis of the law. A contract states you will work for x dollars for x years...it's pretty cut and dry. Most contracts don't say, "we'll pay you 20k a year to do your job until you get tired of it or find something else." Sure, some places may let you go work for someone else outside the business but legally I would think they're under no obligation. I'd be very, very careful and consult a good lawyer before trying to break a binding agreement between you and an employer.

Jul 25th 2007, 09:35 AM	#30
NoWay Member Join Date: Aug 2003 Posts: 86	I agree. If you're not happy, you should get out. In my case, I settle for X dollar amount a year because I was told I would get OT. But by the time I got there, budget forced cuts, people were fired, OT became non-existent. Now I'm struggling to make ends meet, especially with an agent taking a nice chunk of those little bitty checks. I wouldn't have signed if I had been told the truth. I'll miss the biz, but I can't make it on that salary. I still have a while on the contract too.

Jul 25th 2007, 02:22 PM	#31
From the Right Open Line Veteran Join Date: Oct 2003 Posts: 2,771	I'm not saying to stay if you're not happy. My point is don't expect to get out free of charge. I don't have any idea what was promised you in a contract but I've never had a station promise me happiness. Ump is right, there's no such thing as indentured servitude but there is such a thing as a binding contract. Sure, with a good lawyer any contract can be broken but it's not free. Any decent television station isn't going to set a precident that allows people to skip on contracts. One person leaves then the guy working weekend mornings is "unhappy" because they have to wake up early so they want to leave too. It's just not good business for a station to let people out of contracts because they're "unhappy." If you sign a contract, be prepared to HONOR the contract just as you expect your employer to honor the contract.