Where an employee walks out on a fixed-term employment contract, the employer may elect to keep the contract alive and subsequently direct the employee to return to work. The employer's direction to return is lawful and reasonable if the contract remains on foot. If the employee refuses to comply, this constitutes a further repudiatory breach entitling the employer to terminate and recover liquidated damages, provided the employer was ready and willing to perform. The standard for readiness and willingness requires only that there be no substantial incapacity or definitive resolve against future performance.
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