contract-law labor-law unions labor
what is it called when you are forced to breach a contract?
<p>I am a union construction worker. Under my agreement with the union, I agree to be sent where the union sees fit, and not quit. (I'm an apprentice)</p>
<p>Having recently completed a job, the contractor wanted to transfer me to another location.
For personal, and possibly medical reasons, I declined, and requested a lay-off.</p>
<p>The contractor instead issued me a &quot;quit-ticket&quot; which claims I have quit the job.
This breeches my contract with the union. The job is completed, as in the work at the job site is finished, and there is no more work for me to do.</p>
<p>My question is whether this is some form of extortion, or what the legal term is for this type of scenario. They could have fired me, or laid me off, neither of which would force me to breech my union contract.</p>
<p>I have other questions too, about the legality of forced transfers, though that might be a different question.</p>

<blockquote>
<p>what is it called when you are forced to breach a contract?</p>
</blockquote>
<p>You might be referring to <em>constructive termination</em> or <em>constructive discharge</em>.</p>
<p><a href="https://www.leagle.com/decision/19821111684f2d42711039" rel="noreferrer"><em>Held v. Gulf Oil Co.</em>, 684 F.2d 427, 432 (1982)</a> explains that a claim of constructive termination arises where &quot;<em>working conditions would have been so difficult or unpleasant that a reasonable person in the employee's shows would have compelled to resign</em>&quot; (citations omitted).</p>
<p>Whether a reasonable person in your shoes would feel compelled to resign depends on what your &quot;<em>personal, and possibly medical reasons</em>&quot; are/were at the time of the events and whether the employer sought to take advantage of that.</p>

<p>The term for a case where a party is forced to breach a contract depends on whether the breach was caused by human-caused or natural events. If it was caused by people (e.g. you couldn't get to work because all possible routes were blocked by construction), it's a <em><a href="https://en.m.wikipedia.org/wiki/Force_majeure" rel="nofollow noreferrer">force majeure</a></em> (literally &quot;superior force&quot;). If it's natural (e.g. you had to stay inside because of a hurricane) it's an <a href="https://en.m.wikipedia.org/wiki/Act_of_God" rel="nofollow noreferrer">act of God</a>.</p>
<p>In your case, medical reasons likely fall under one of these or the more general doctrine of <a href="https://en.m.wikipedia.org/wiki/Impossibility" rel="nofollow noreferrer">impossibility</a> if they prevent you from effectively doing your job. &quot;Personal&quot; reasons may also, depending on the details, but this is less likely.</p>
<p>If the contract had a <a href="https://en.m.wikipedia.org/wiki/Hell_or_high_water_clause" rel="nofollow noreferrer">Hell or high water clause</a>, then none of this would apply and you would be obligated to work even if it was physically impossible, but this seems unlikely in an employment contract.</p>

<h3>This is on you, unfortunately</h3>
<blockquote>
<p>Under my agreement with the union, I agree to be sent where the union
sees fit, and not quit.</p>
</blockquote>
<p>So you agreed to this</p>
<blockquote>
<p>Having recently completed a job, the contractor wanted to transfer me
to another location.</p>
</blockquote>
<p>Sounds like this is within their rights under the contract</p>
<blockquote>
<p>for personal, and possibly medical reasons, I declined, and requested a
lay-off.</p>
</blockquote>
<p>You declined.  They aren't laying you off, there is still work to be done.  If &quot;possibly medical reasons&quot; means you can maybe claim to be sick, you should've claimed to be sick at the start.</p>
<blockquote>
<p>The contractor instead issued me a &quot;quit-ticket&quot; which claims I have
quit the job.</p>
</blockquote>
<p>You did quit the job.  The job is going where they send you, not the one place you want to work.  Next time, ask the foreman what happens if you don't go to the next site.  Talk to your rep if it isn't clear. Understand that your place in the union as an apprentice isn't quite a &quot;we'll help you do whatever you want&quot; situation.</p>

<p>Impossibility to perform the actions required from you in a contract is a credible defense to contract breach.</p>
<p>The impossibility standard is quite literal. It cannot just be hard or inconvenient for you to do what is required but impossible.</p>
<p>You may have to consult a contract lawyer to get advice specific to your situation, but as a general rule of thumb contracts cannot force anyone to do the impossible.</p>
