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You really ought to take the whole agreement to a local attorney because pulling one section out of an agreement doesn't always show the full story. What does it say about consequences for falling to follow any of the provisions? Maybe they didn't protect themselves, but maybe they did.

I would hope the new employer would understand your need to give a full two weeks notice. I'd rather my new employees honor their prior commitments than not. But I understand not every employer is like that. Have you asked for a later starting date? Or do you feel that no matter what you would never have that safety net because of the two weeks notice issue?
Thank you for the replies. There is no enforceable consequence for the termination section in the agreement. Only for the IP and confidentiality section, which I will not be in breach of. Strictly speaking, I am not sure this consultuant agreement constitutes an employment agreement, but am unsure of the implications or difference in NJ. I am sure that there is no explicit protection for the employer on this, or any other, paper I signed regarding early termination.

The current employer is also one that does not provide references - any future background check will just yield a verification of dates and title. I do not, and will not, need a professional reference from them in any case.

I already pushed the new employer for the present date, and it cannot be pushed more as the company has its annual sales summit - my attendance is a condition of the offer. And the safety net here (and my primary objective) is to ensure that if, for whatever reason, the offer is rescinded, I can continue to earn.

Suppose that I have three options:
1) give one weeks' notice
2) give two days' notice
3) give (an impossible) two weeks' notice and either hope they terminate early or simply stop coming in

None optimal. But the new post is well worth it financially and in terms of fit. I am just looking to clarify what the worst could be. Could the agency really look to recoup more than what they would have earned from their customer over the two weeks' notice? What other kind of harm might they find?