I am a physician. I signed a contract with a hospital 4 months ago with a start date 1.5 years from now. I also received part of the signing bonus. However, due to personal circumstances, I will no longer be able to join that job. Contract is clear in that it can be terminated by either party at anytime as long as I will provide 90-day notice. Contract is signed by me and CEO, but all email communications have been with HR and recruiters. I assume there will not be legal consequences, however, to who should I direct the 90-day written notice? to recruiter, CEO, both?
Contracts often specify the name and address of the entity to whom notices are to be given and the procedure for giving notices. That is the first place to look and if it is there follow the specified procedure precisely. If it is not in the contract itself, notice should be given to the hospital since they are the party to the contract. The CEO of the hospital signed the contract so giving notice to that person as the representative of the Hospital would be notice to the Hospital. Consider giving notice by registered mail or similar process to ensure that the notice is received. As a matter of courtesy, you might also give notice to HR and to the recruiters. Be aware that you may be required to return the signing bonus you received.
I agree with Mr. Wood. To answer your additional question, I would not send a check with the letter. I would tell them that you have the funds and will provide them a check when they have informed you that they are releasing you from the contract. It would be good to have a short agreement recognizing that they are releasing you and you are returning the signing bonus.
Please note: This answer is not intended and should not be considered as legal advice. Such professional advice requires full disclosure to an attorney of a client’s circumstances and that attorney’s opportunity to analyze those circumstances against applicable law.
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