When an employee breaches a fixed-term employment contract by quitting before the end of the term,what can the employer recover as damages?
A) nothing, because courts do not order anyone to perform a job against his or her will
B) all amounts already paid to the employee under the contract
C) only amounts paid to the employee for which the employee has not yet done the work
D) the costs of hiring a replacement employee, plus any increase in salary paid to the replacement employee
E) only specific performance

Question

Quizplus · Accepted Answer

When an employee breaches a fixed-term employment contract by quitting before the end of the term, the employer can recover the costs of hiring a replacement employee, plus any increase in salary paid to the replacement employee. This is because the employer is entitled to be put in the position they would have been in had the employee not breached the contract. However, the employer cannot recover amounts already paid to the employee under the contract or require the employee to perform the job against their will.

When an Employee Breaches a Fixed-Term Employment Contract by Quitting