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mayurvk
12-28-2006, 07:58 AM
As per the offer letter that I signed when I accepted my current job in January 2005, I am required to give a 30-day notice of resignation. Can the company sue me if I give a two-weeks notice instead and leave after two weeks notice period has ended?
Thanks,
Mayur

Marketeer
12-28-2006, 08:35 AM
You would need to have the offer letter reviewed by a local attorney to see whether it rises to the level of an enforceable contract. Most offer letters are not contracts, but we can comment on a document we haven't seen. If it is a contract, then, yes, you can be sue for breaching it. If it's not a contract, well.... Anybody can sue anybody for anything. Whether they would prevail in a lawsuit if there's no contract is debatable.

mayurvk
12-28-2006, 08:41 AM
I believe it is not a contract. The offer letter starts with usual congrats followed by my start date, salary, and benefits. Then it says "The above terms are not contractual. They are a summary of our initial employment relationship and are subject to later modification by the Company. Your employment with XYZ will be "at-will," meaning that either you or the Company may terminate your employment relationship with 30 days notice unless dismissal is for cause, in which case dismissal may be immediate."

rjc
12-28-2006, 09:19 AM
IMHO, that 30-days notice is not contractual based on their own contentions, therefore not mandatory.

The employer can file a lawsuit regardless. I doubt it would get very far, but I further doubt the employer, after receiving sound legal advice, would do so whether they viewed it as mandatory or not. Unless you offer us reason to think otherwise, I doubt that the employer could demonstrate damages that would sustain a claim against you. Yet, even if they could, it is my best guess that those so-called damages would be nominal compared to the cost of litigating the matter.

In sum, I would not worry ... however, if the employer threatens you with legal action, then you should certainly seek legal counsel.

AZMAH
12-28-2006, 10:15 AM
MA is an at-will employment state - since the letter is a letter and not a binding contract you are not required to offer a 30 day notice ... it's simply a request.

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