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  1. #1
    Join Date
    Oct 2012
    Posts
    1

    Default Resigning and Worried About State of Gardening Leave with Shortened Notice Period

    My question involves labor and employment law for the state of: New York

    Contract:
    Stipulates 90 days notice for a resignation.
    Non-Compete, stipulates that I cannot work in the same field for a competitor. I will be paid my salary for 30 days after the last day of my employment. I am free to find work in unrelated fields.

    Resignation details:
    Sent 90 days notification as contract stipulated.
    They know I am not going to competitior
    Since have been discussing with superiors to have period shortened to 45-60 days.

    Concerns:
    I am worried that I wont get paid for this 30 days after my employment has been terminated because the firm is shortening my final notice period. They also are aware that I am not going to a competitor however, the non-compete stipulates that this doesnt matter.

    My primary concern is that they present me with a termination agreement to me that shortens my notice period and removes the benefits of the non-compete.

    I have yet to sign anything regarding my resignation.

    Questions:
    Does the employer have a right to not pay me after my employment is terminated (not mentioned in original contract)?

    When I gave 90 days notice, did I protect myself from oweing possible concessions to my employer in the case that they shorten my notice period?

    Is it customary for me to be presented with a termination agreement?

    Thanks,

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Resigning and Worried About State of Gardening Leave with Shortened Notice Period

    Only an attorney in your state who has read the non-compete in full can answer your questions.

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