Can an Employer Sue You For Resigning Without Giving Previously Agreed Notice
My question involves labor and employment law for the state of: New Jersey. I am employed by a private consulting company as an employee with an individual contract that includes providing 30 days notice to employer if resigning. I found a new job and was planning on providing that notice - however I now require surgery right away and will be able to provide only 1 week's notice. I am scheduled to begin the new position following my recovery. Can the employer sue me for breach of contract? I have medical proof of urgency for the surgery. Thank you for any advice you can provide.
Re: Employer Enforcing 30 Days Notice in Individual Contract
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River238
Can the employer sue me for breach of contract?
Sure.
But a more important question is can he win?
And nobody can speculate on that without reading your contract.
Either take the contract to an attorney for advice or do what you gotta do and see what happens.
Re: Employer Enforcing 30 Days Notice in Individual Contract
If you aren't starting the new job for 30 days, just give your 30 day notice now and then say; btw; I'm having surgery next week and I won't be able to return to work until after my 30 day notice has run.
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jk
If you aren't starting the new job for 30 days, just give your 30 day notice now and then say; btw; I'm having surgery next week and I won't be able to return to work until after my 30 day notice has run.
That might not be considered a good 30 day notice, since the idea behind that requirement is that the employee would continue to work the 30 days giving time for the employer to find a replacement. There is really no substantial difference between saying “I'm giving 1 week notice” and saying “I'm giving 30 days notice but will only work for 1 week more.” In both cases, the employee is only working one more week and then he’s gone.
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Taxing Matters
That might not be considered a good 30 day notice, since the idea behind that requirement is that the employee would continue to work the 30 days giving time for the employer to find a replacement. There is really no substantial difference between saying “I'm giving 1 week notice” and saying “I'm giving 30 days notice but will only work for 1 week more.” In both cases, the employee is only working one more week and then he’s gone.
It is a 30 day notice none the less and arguably adequate to fulfil the requirements of the contract. Op is not terminating employment for the 30 day period. The need for medical treatment is beyond his control.
It would be less deceptive than those that have a scheduled vacation and upon starting their vacation inform the employer the are giving notice of termination coincidental with their end of vacation yet that is generally accepted as proper notice.
In your concern, a person who provided a 30 day notice but was then involved in an accident that caused them to not be able to work through the duration of the notice would also be in violation of the contract requirement.
Re: Employer Enforcing 30 Days Notice in Individual Contract
IT also jeopardizes the health insurance benefits from the employer. I'd say this is treading on pretty thin ice.
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adjusterjack
Sure.
But a more important question is can he win?
And nobody can speculate on that without reading your contract.
Either take the contract to an attorney for advice or do what you gotta do and see what happens.
Thank you - Any advice on how to find reputable attorney in NJ?
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River238
Thank you - Any advice on how to find reputable attorney in NJ?
Phone book, Google.
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jk
It is a 30 day notice none the less and arguably adequate to fulfil the requirements of the contract. Op is not terminating employment for the 30 day period. The need for medical treatment is beyond his control.
I said that it might not be adequate notice. If he had leave he was entitled to take for the 3 weeks he’d be out of work then it would be much more likely to be good. The details of the agreement and what leave time he has may matter.
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jk
It would be less deceptive than those that have a scheduled vacation and upon starting their vacation inform the employer the are giving notice of termination coincidental with their end of vacation yet that is generally accepted as proper notice.
I’ll just say that I disagree and find it no less deceptive.
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jk
In your concern, a person who provided a 30 day notice but was then involved in an accident that caused them to not be able to work through the duration of the notice would also be in violation of the contract requirement.
True enough. Sometimes life events come along and make it difficult to fulfill a contract. Does not make it any less a breach when that happens.
Re: Employer Enforcing 30 Days Notice in Individual Contract
I should add that the employer can ALWAYS sue you. The question is if he'd prevail. The odds are rather stacked against him in this case even with an employment "contract" that says otherwise. Courts often invalidate these "involuntary servitude" aspects of employment contract holding that they aren't really contractual to begin with.