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  • Termination notice

    I have been offered a new job and am trying to leave my current job. My current contract states the following:

    - The employee must give a written twelve (12) weeks notice of resignation to ...(company_X ).

    I have done that already, but I am trying to persuade the boss to let me go at a reasonable period. He is not known for being a fair man (far from it, but I shall leave that for now). He is threatening to sue. I don't wish to loose my opportunity with the new employer and wonder what are the consequences? The contract does not state what are the consequences if the employee leaves prior to the end of the 12 week notice. So I wonder if anyone can advise me what could my boss do if he really wants to sue? A friend in my office told me that this is a hallow threat and I should take no note of it. I am actually planning to stay for a maximum of four weeks before joining the new job.

    Thanks in advance.

  • #2
    If yo uhave a true contract and you violate the terms you could be in some deep trouble. Why would you think the contract would say 12 weeks if they didn't mean 12 weeks?

    Before you go violating the agreement, I'd consult with a lawyer. The most obvious penalty would be for whatever financial damages result from your actions. But, I would take the contract to a lawyer to get a clearer idea of what you may be facing.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

    Comment


    • #3
      Originally posted by ElleMD
      If yo uhave a true contract and you violate the terms you could be in some deep trouble. Why would you think the contract would say 12 weeks if they didn't mean 12 weeks?

      Before you go violating the agreement, I'd consult with a lawyer. The most obvious penalty would be for whatever financial damages result from your actions. But, I would take the contract to a lawyer to get a clearer idea of what you may be facing.
      Thanks for the advise. I am aware of my responsibility towards the contract. But I am also concerned about loosing this new job opportunity, which is one in a million. My career and the future of my family are at stake. I am only trying to presuade the boss to meet me half way. In most companies, 4 weeks notice is sufficient.

      Comment


      • #4
        Your employer is under no legal obligation to make things easy for you to leave his employ and I see no way you can force him to do so. You might talk with your prospective employer and see if that employer can accommodate you given your binding legal contract with your current employer. I, personally, won't be too impressed with a new employee who came to work with me by breaching a contract with a former employer.

        If you breach your contract and your employer sues you, it could seriously affect your financial future and your future employment opportunities.

        Comment


        • #5
          In most companies, there isn't a contract that specifies a notice period. The time to negotiate that would have been before you signed it. Now that you already have, you are stuck with it. You can try and work something out with your boss, but you did agree to this other deal previously. Your current employer has the right to hold you to that promise.

          I would also let your new employer know. Rarely is a few extra weeks a deal breaker.
          I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

          Comment


          • #6
            Originally posted by mitousmom
            Your employer is under no legal obligation to make things easy for you to leave his employ and I see no way you can force him to do so. You might talk with your prospective employer and see if that employer can accommodate you given your binding legal contract with your current employer. I, personally, won't be too impressed with a new employee who came to work with me by breaching a contract with a former employer.

            If you breach your contract and your employer sues you, it could seriously affect your financial future and your future employment opportunities.
            Thanks for the advise. Judging someone's quality as a new employee on this single matter is not right. I am not quiting immediately. Like I said, I understand my contractual obligations, but I am trying to persuade the boss to help me secure my future. To him this matter is a little inconvenience until he finds another person, which may happen any day now. To me its much much greater than that, as it involves my career and my livelyhood . I made a lot of sacrifices for the success of the current company.
            Our boss is a very aggressive person who seems to believe that successful management comes through constantly yelling at staff everyday. Our company relies almost entirely on H1 visa immigrants who have no other choice elsewhere.
            Fair_rules
            Junior Member
            Last edited by Fair_rules; 05-23-2006, 10:50 PM.

            Comment


            • #7
              Originally posted by ElleMD
              I would also let your new employer know. Rarely is a few extra weeks a deal breaker.
              I wish that this is the case. Trouble is, the new post involves replacing someone who is about to be transferred elsewhere and am required soon in order to learn from him my responsibilities before he leaves.

              Comment


              • #8
                a bit off the cuff...

                Fair rules,

                Your contract states "written twelve week notice..."

                But in addition to the "written twelve week notice", does your contract also state "employee must continue to work as scheduled during notice period"?

                Its just symantics, but maybe the contract stands a chance of being overturned if it has omitted that clause. Nowadays, many courts are holding employers to the letter (and not nature or intent) of contract phrasing.

                Have attorney review contract for enforcability.

                Comment

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