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  • Resignation notice

    I submitted my resignation to my current employer 1 mos ago. My employment contract specified 3 mos notice (in order to find a replacement). If a replacement is found before that time, am I obligated to finish the 3 months, or does Florida have a law or statute that relieves me of that obligation?

  • #2
    If this truly is a valid, enforceable contract (not just an offer letter, or an email or something similar), then it should state what the parameters are. We cannot comment on a document we cannot read in its entirety. Have you asked the company? What do they say? This is, if anything, a contract issue, not an employment law issue that would be handled by state or federal employment law.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Contract Issue, arbitration?

      This sounds like a straight contract issue. Doubt any state or federal agency would be involved, other than maybe an arbitration agency. I say arbitration since most employment contracts, if a genuine contract, provide for arbitration as the method of dispute resolution.

      Anyway, the contract states 3 months notice. this is to allow them to "cover", that is to find replacement or make other provisions. They likely wanted a gazillion month's notice and you wanted none. The deal was struck at 3 as being reasonable, even if not fully negotiated. It was done to provide some certainty to both sides. As with most contract issues, the issue of "cover" is fluid. that is, if cover is found quicker, then no harm no foul. However, you should be aware of two things, at least. First, any liquidated damages clause that says 3 months or you pay X (or forfeit X, etc.). Generally, contract damages are fixed at actual damages. If cover is found quicker, and no actual damages, then no legal damages. In liquidates damages instances, however, the amount of damages is fixed at X, whether it actually costs more or less than X. It is fixed by the parties. Second issue, is that they might claim certain costs in finding cover quickly. That is, if you only gave them 1 month notice, and they tried to avoid being stuck without 2 mos.' without an employee, they might legitimately charge you with any additional (reasonable) costs in obtaining cover in a quicker fashion. I don't know what those might be, if any, but conceivably they could say they incurred additional costs in making a "quick" hunt rather than the normal 3 months hunt. In the end, this might be betterbecuase costs with a quick hunt would likely be less than 2 mos. without help - although I'd fight any costs whatsoever, anyway.

      good luck

      curt j.

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