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Resignation Before First Day of Work

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  • 07-11-2013, 03:15 AM
    Mandalay
    Resignation Before First Day of Work
    My question involves labor and employment law for the state of: Maryland

    I sent my resignation notice via email two weeks prior to my starting date and didn't hear anything back from my future employer. I assumed that he received my email and accepted my notice. I didn't do any follow up email or a phone call. I received a reply email back from him on the day supposedly to be my starting date - he was upset and threaten to sue me if i didn't show up to work now because he booked patients for me. I'm in a healthcare field.

    We had a contract. Our contract stated that I need to give a 30 days notice and it has to be in written and certified mail, the employee will continue to work till 30 days up. Since I haven't started working there yet, I assumed that it was not applicable to me as long as I gave him two weeks notice in advance. There was no agreement on how to terminate the contract prior to the starting date. My assumption was probably the biggest mistake i made. There was no agreement on how I will need to compensate him if i don't full fill the 30 working days from my notice. I didn't take any payment in advance from him and the new practice I'll be joining is out of a non compete zone.

    My question is can he sue me for causing damages to his practice because patients were waiting and not giving him a notice in the form that we agreed upon in contract. I am assuming he didn't see my email till the day of. Be mind, I agreed to observe at his practice a week before my starting date and I didn't show up for that day, but no complains from him. That was also a confirming factor for me that he received my email. The only thing is the observation date was not written in our contract, it was just an oral agreement and I do not know it could be used in court against him.

    I just want to know I should be worried and on what ground he could sue me for. Should I be getting an attorney now?

    Thank you in advance for any advice!

    - A distress client
  • 07-11-2013, 06:01 AM
    eerelations
    Re: Resignation Before First Day of Work
    It's very likely you're correct, that the 30 days' notice clause would not be in effect until you actually started working. However, to be sure, I recommend you consult with an attorney. If you don't want to spend money on an attorney right now, you could wait until you receive a letter from the prospective employer's attorney and/or are served with court papers. It may well be this guy is just blowing smoke and won't actually follow through on his threats.
  • 07-11-2013, 06:37 AM
    Disagreeable
    Re: Resignation Before First Day of Work
    The contract takes effect the day you sign it. You needed to give proper notice, 30 days before you were supposed to be at work.
  • 07-11-2013, 06:41 AM
    PandorasBox
    Re: Resignation Before First Day of Work
    Many times, a lawyer will offer a free consult.
  • 07-12-2013, 05:50 PM
    Mandalay
    Re: Resignation Before First Day of Work
    Thank you for prompt responses. I truly appreciated!

    - - - Updated - - -

    I forgot to mention that I was hired as an independent contractor. Would this make a difference in what he could do?
  • 07-13-2013, 07:46 AM
    eerelations
    Re: Resignation Before First Day of Work
    Check the effective date of the contract - if it's effective the first day you start work (as most contracts are) then you're still OK.
  • 07-13-2013, 03:46 PM
    Mandalay
    Re: Resignation Before First Day of Work
    is "commence from date ...." the same as "effective date"? I only understand in simple English term, am afraid the legal term could be different? thank you!
  • 07-13-2013, 04:03 PM
    CourtClerk
    Re: Resignation Before First Day of Work
    Yes, they'd be the same date
  • 07-13-2013, 04:12 PM
    Mandalay
    Re: Resignation Before First Day of Work
    In Maryland employment contract law, the contract effective date is the date you signed the contract or the commence date list in the contract? I just want to make sure. I had lost appetite and been sleepless a few days over this. All the help and responses are greatly appreciated!! I am so thankful for finding this site, it helps me relax a little bit. I do have a consultation appt w/ an attorney, but the day couldn't come sooner. Thank you all again!
  • 07-13-2013, 11:08 PM
    mmmagique
    Re: Resignation Before First Day of Work
    The date that is listed in the contract. I'm sure the attorney will tell you the same thing.

    Now get some sleep. :)
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