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  1. #1

    Default Resignation Without Notice

    I am working as a contractor and I quit my previous employer without notice and joined another employer. There was a contract that I need to give 2month notice which I think is not appropriate. He withheld my pay for 1 1/2 month and he is not responding to my calls or my emails. If I go legally do I have a chance to win against him since I didn't serve a notice. My employer is from Virginia state. Experts please let me know as that amount would pay off my debts.. :'(

    Thanks in advance

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,237

    Default Re: Resignation Without Notice

    Were you a contractor or an employee? It makes a difference; it's a whole different set of laws depending on which you were.

  3. #3

    Default Re: Resignation Without Notice

    I am an employee to the company but as a contractor to different company in a different state. To be more precise,
    I am an employee of X company and Y is my prime vendor and Z is the client which I worked for in FL state.

  4. #4
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Resignation Without Notice

    Nobody cares about your new job. Congrats & all that.

    Now, were your a W-2 employee when working for the company you quit w/o notice? And this is the one requiring 2 mo notice per an employment contract you signed?

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,237

    Default Re: Resignation Without Notice

    So who is holding your pay? X, Y or Z?

  6. #6

    Default Re: Resignation Without Notice

    My employer X

  7. #7
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,237

    Default Re: Resignation Without Notice

    Thank you.

    Contact the VA Department of Labor and inform them that you have not received your final paycheck. Then take a copy of your contract to a VA employment law attorney and ask him or her whether the notice clause is enforceable.

    Then follow the attorney's advice.

  8. #8

    Default Re: Resignation Without Notice

    Thank you very much for the advice. Doesn't the law "At Will" apply when I leave the company without notice? If the company fires me they don't give me a notice and would that clause be enforced when I leave without notice..?
    http://www.dol.gov/whd/regs/complian...e_computer.htm
    Is this law enforcable for a software developer. I am a software developer and he paid me less that what it is in the link and I didn't get paid 1 1/2 times for the OT. Can I file a suit on him on these grounds as well..?

  9. #9
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,237

    Default Re: Resignation Without Notice

    At-will is not a law. It is a doctrine. It can be overridden by a contract. If you actually have a legally binding and enforceable contract that requires a particular amount of notice, then you are not an at-will employee.

    Whether the link you posted to is applicable to you, is not determined by your job title but by your actual job duties. You are free to investigate with the DOL whether it does or does not apply but the fact that you were a software developer is not a guarantee that it does or does not apply.

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