What Can an Employer Do if an Employee Does Not Give Two Weeks Notice
My question involves labor and employment law for the state of: Washington DC
I am an at will employee, but my contract states that I need to give a two weeks notice. However, I'm in a position where a new position really wants me to start within one week. If I only give one weeks notice, does that place me in a position to be sued for a breach of contract, given that my contract does say I need to submit two weeks notice? I understand that leaving without a two weeks notice could put me in a bad situation later on down the road in terms of references, etc. I'm not worried about that because I have a letter of reference from my direct supervisor.
Any advice?
Re: Not Giving Two Weeks Notice
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I am an at will employee, but my contract states
Contradiction there.
You can't have a contract and be an at will employee and vice versa.
I'm guessing that it's not really an employment contract but just a letter confirming your employment, your duties, the requirements, etc.
A real employment contract requires a specific duration and a few other things.
If you are "at will" then the two week notice requirement is not enforceable.
Re: Not Giving Two Weeks Notice
Correct, I double checked and it is actually a letter of agreement.
It says "Either you or (employer) may end the relationship at any time with or without cause, upon fourteen days written notice to the other party, provided however that the employer may place you on administrative leave for any portion of the notice"
So a letter of agreement would not carry any legal weight behind it? I cannot be sued for a breach of contract in this situation?
Thanks for the help. We don't have an HR person at my company, so I'm trying to figure this out without much assistance.
Re: Not Giving Two Weeks Notice
In most circumstances, your employer's remedy would be to give you bad future references, if called upon to provide references.
There are rare circumstances in which an employer may be able to assert some level of damage for a key employee who has contractually agreed to give notice so that a replacement can be located and trained, and even more rare employees (e.g., professional athletes) where an employer might be able to enjoin an employee from working for anybody else during the balance of the contractual period, but I doubt that you're in such a circumstance. As we lack the full facts, if you are concerned, it would make sense to discuss the details with an employment lawyer.
Re: Not Giving Two Weeks Notice
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daniel.dixon
So a letter of agreement would not carry any legal weight behind it? I cannot be sued for a breach of contract in this situation?
Well, anybody can sue anybody for anything but in your case it not only isn't likely to happen but I can't see how the employer could prove any monetary damages for a week's less notice.
Besides, they'll probably walk you out the door the day you give notice (that's typical practice) so make sure you get all your personal stuff out before you do. That includes any personal stuff you have on the company computer.
Otherwise, don't sweat it.
Re: Not Giving Two Weeks Notice
Actually (coming from someone with decades of experience drafting, implementing, interpreting and enforcing employment contracts), that verbiage the OP posted sounds pretty contract-ish. Just because it's called a "Letter of Agreement" doesn't mean it can't be a contract (in fact, many contracts are referred to/refer to themselves as "Agreements"). And employment contracts don't always have specific end dates, in fact most of the ones I've seen/reviewed/signed/interpreted etc. didn't have end dates, the contracts just ran out when the termination clauses were invoked.
OP if you're really afraid that your current employer is going to go after you for breaching this agreement, you need to get advice from a local attorney who specializes in employment law and contracts.
Finally OP, that reference letter? Conscientious prospective employers never accept written references at face value (after all they could so easily have been written by the candidate). When they get reference letters, they phone the letter writers and ask if they have any information/opinions to add to what they put in the letter. On more than a few occasions I've heard reference-letter-writers tell me completely different stuff about the former employees they had previously written about. All your supervisor has to say is something like "Oh yes, what I wrote is still pretty accurate, but what I didn't know at the time was that daniel.dixon was about to breach his contract with us" or even just "I don't want to talk about daniel.dixon" (neither of which is actionable) to get your prospective employer to re-think plans for hiring you.
Re: Not Giving Two Weeks Notice
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adjusterjack
Besides, they'll probably walk you out the door the day you give notice (that's typical practice) so make sure you get all your personal stuff out before you do. That includes any personal stuff you have on the company computer.
Depends on the position. If the employee is involved in Sales, or IT, or some area of finance, I absolutely agree.
If the position is on the shop floor, or administration, or training/development it might or might not. In some cases the employer will want to squeeze every last molecule of knowledge out of the employee before they leave.