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Contract Termination Notice: Texas

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  • Contract Termination Notice: Texas

    I am employed in Texas and there is a clause in my contract that I must give 90 days notice for voluntary resignation but my employer elects the right to terminate for any reason - with no notice stated.

    Is it legal to be lopsided like this? I would imagine that if I am required to give notice they would be held to the same standard. Any feedback, information on subjects like this would be much appreciated.

    Thank you,
    Cullen

  • #2
    This is not an employment law issue; this is a contract law issue. Nothing in employment law prohibits this. You might want to have the contract reviewed by an attorney to see if it is enforceable under your state's contract law.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Have you already signed it? I ask because many new employees sign without reading and then only want to disagree with the contract when they want out. You might have more negotiating room if (1) it is not a standard contract or (2) you are a new hire that they really want. If you are at the end of employment, they have NO reason to negotiate with you.

      Is part of the contract a non-compete agreement or non-disclosure agreement? If so, it is even more important that you have an attorney look at it because those facts could play into the correct answer. In contracts, the whole must be considered not just one or two sentences here and there. As another poster likes to say, the devil is in the details!

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      • #4
        What happens if you don't give 90 days? If there is no penalty then I would say it is a non-issue.

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        • #5
          The only thing is a prospective future employer could be told the employee did not
          give the required notice before quitting.
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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          • #6
            Actually there could be other ramifications like not getting paid out commissions and bonus plan payments, etc. Texas requires payout based on a written plan, so it is possible to lose it if he doesn't follow the plan/contract. Also possible that he ha to repay certain loans (moving expenses, tuition, etc).

            Not saying his contract has any of this, because we don't know...but there could be more to lose than just getting a bad reference.

            That is why it is so important to take the contract as a whole, not just a slice

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            • #7
              I was replying to HRinMA - if there was no type of penalty.
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

              Comment


              • #8
                Originally posted by Betty3 View Post
                The only thing is a prospective future employer could be told the employee did not
                give the required notice before quitting.
                I had thought of that but if OP were to explain a 90 day expectation and then state he gave 2 weeks, it might be able to be explained away.

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                • #9
                  Originally posted by HRinMA View Post
                  I had thought of that but if OP were to explain a 90 day expectation and then state he gave 2 weeks, it might be able to be explained away.
                  I actually thought of the above but then I thought "might" be able to explain the 90
                  day requirement (that is a long time). However, the OP still wouldn't have given the
                  required notice though that was in a contract & it "might or might not" be held against them so I
                  mentioned it.
                  Last edited by Betty3; 01-03-2011, 12:07 PM.
                  Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                  Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                  Comment

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