Calculate the total amount of revenue the company would gain if you were to continue working until the end of the term. Basically, if you can average out the amount of revenue tied to your activities on a monthly basis and then multiply that number by the number of months remaining on the contract, the result should suffice for purposes of this analysis.
Subtract the amount that you are paid by the employer...
Subtract the total amount of salary that you would be entitled to if you stayed until the end of the term from the total contained in step 1 above. The resulting figure should be the maximum amount of legal damages your employer may be able to recover, this would be a worst case scenario if they for some reason weren't able to "mitigate their damages."
Figure out the employers "replacement costs."
Try to figure out how long it would take your employer to replace you and train someone to do your job and whether that person would be earning more than you, less than you, or the same amount. This part of the equation is difficult, because too many external factors may influence the accuracy of the number you put in. But basically, if they can easily find a replacement for you in say one months time, then the employers damages would be limited to the amount of time it took for them to find that replacement and any money they spent in training that person to do you. Again, this is not a hard and fast rule, because if you were being underpaid for the job and the only replacement that they could find after a diligent search requires a higher salary, the employers damages could also include the difference between your lower salary and their new hires higher salary
Figure out whether the amounts in steps 1,2,3 are significant....
Evaluate whether the amount of damages resulting from your analysis is significant enough that the employer would seek to recover them in court. If so, then you have to decide whether taking the new job is worth the possibility that you may be sued and your former employer may recover those damages (for more information on this scenario http://www.lobej.com/blog/?p=108).
So, after you've done an analysis, you may still not know the answer as to whether you can "get out" of the employment contract that provided a set term or duration, but at least you'll have a better sense of where you stand and what your next step should be... The Law Office of Barry E. Janay, P.C. would be glad to get to know the details of your particular situation and advise you accordingly, while results can never be guaranteed you will have someone on your side that will help you navigate the minefield's of modern employment law with an aim on obtaining an optimal outcome for you.
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