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  1. #1
    Join Date
    Dec 2016
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    Default Can an Employee Get Away Without Giving a Full Two Weeks Notice

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

    Howdy. I find myself about 4 months into a 12 month consultant assignment. I have a so-titled Consulting Engagement Agreement with an agency that pays me on a W2 to work at another company, and stipulates that I provide two weeks' notice to terminate the contract without cause (resign). The full text of the Termination section is included below.

    The thing is that I have just accepted an outside full time offer that was impossible to refuse, but am uncomfortable letting go of my current post until everything is said and done (pre-employment screening). I do not anticipate any issues, but goodness knows what can happen. I would thus prefer to give notice as late as possible, in the unlikely event that something does go south. I am willing to pay for this 'insurance' (new offer is more than worth it), but I want some opinions on whether I am opening myself up to significant risk, quantifiable beyond a few thousand dollars.

    With regard to my timelines: as of today (12/28), I am already too late to give a full two weeks' notice. I will not be fully comfortable giving notice until I fill out the I9 for the new employer, which, in about a week, would put me at just 2 days' notice. If, however, the new opportunity falls through, I myself will not be falling without a safety net.

    Etiquette and politeness aside, can I give this little notice without fear of further action by the agency to recoup XYZ? I greatly appreciate any feedback or alternative suggestions (within the parameters set forth above, of course) that will keep me away from any action by the agency. Not to say that it will get to this point, but my preference would be to pay rather than litigate/arbitrate/mediate.

    Section 3.01 Termination of Assignment.
    The Consultant’s Assignment by the Company may be terminated under the following conditions:

    A. Termination for Good Cause by the Company. The Company may terminate the Consultant's Assignment hereunder at any time for "Good Cause" and without liability except as specifically provided for herein. For purposes of this Agreement, the term "Good Cause" shall mean Consultant’s (a) failure to perform his duties as described by the Company and client hereunder (other than any such failure resulting from Consultant’s physical or mental illness) up to the Company’s standards of performance or the standards set by the client, (b) violation of any material provision of this Agreement or any other agreement with the Company, including but not limited to the rules and procedures contained in the Company Code of Conduct, Consultant manual or handbook, rules and procedures or any other Company policy, (c) conviction of a felony or any crime or improper act that could subject the Company to liability, (d) commission of an act of dishonesty materially harmful to the Company, or (e) willful violation of any law prohibiting or regulating the use or distribution of illegal drugs or other controlled substances. The Consultant shall not receive any accrued but unused or unpaid benefits if such termination is for Good Cause.

    B. Termination Without Cause by the Company. The Company may terminate the Consultant’s Assignment hereunder at any time without cause ("Without Cause"). Termination Without Cause is a termination by the Company for any reason other than Good Cause as outlined above. Upon termination Without Cause by the Company, the Consultant is entitled to receive from the Company any accrued but unpaid salary as well as receive from the Company any unreimbursed expenses or other accrued yet unused or unpaid benefits owed as of the date of termination.

    C. Voluntary Resignation by Consultant. Consultant may effect a voluntary resignation ("Resignation") at any time upon two (2) weeks, i.e., 10 working days, written notice to the Company of such intention of Resignation. The Resignation shall be effective as of the date set forth in such written notice by Consultant or any such earlier date at the discretion of the Company.

  2. #2
    Join Date
    Oct 2006
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    16,474

    Default Re: Can I Get Away Without Giving the Full Two Weeks' Notice

    Etiquette and politeness aside (and a decent reference in the future) no one can force you to give two weeks notice. They might be able to sue you if they can articulate some damages but they cannot force you to work for them for any longer than you wish to work. Your new employer however might be a little leery about someone who is not giving two weeks notice to their current employer...assuming they end up knowing anything about that.

  3. #3
    Join Date
    Feb 2008
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    1,179

    Default Re: Can I Get Away Without Giving the Full Two Weeks' Notice

    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?

  4. #4
    Join Date
    Dec 2016
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    3

    Default Re: Can I Get Away Without Giving the Full Two Weeks' Notice

    Quote Quoting hr for me
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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?

  5. #5
    Join Date
    Oct 2006
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    16,474

    Default Re: Can I Get Away Without Giving the Full Two Weeks' Notice

    Quote Quoting sl1990
    View Post
    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?
    You are an employee...you cannot be punished for quitting with minimal notice...other than a bad reference.

  6. #6
    Join Date
    Feb 2008
    Posts
    1,179

    Default Re: Can I Get Away Without Giving the Full Two Weeks' Notice

    Depends on the agreement and whether it overrides an "at will" general employment. Many don't, but some do. That's why I still suggest you take the whole agreement to a local attorney, because no one on here has seen the whole agreement. While you may not think there are any protection to them, if you want to be safe, that's what I would do. And the attorney can tell you what the worst could be.

    While I agree with llworking in most cases that employment is "at will", you have a written agreement that may or may not be enforceable.

    And even if they only provide dates and titles as references, they can still say you left with no notice if you do. Or they can state they terminated you for failure to give notice rather than you resigned with a full two weeks notice. That might not be a big enough consequence to stay for the two weeks. Only you can decide that.

  7. #7
    Join Date
    Dec 2016
    Posts
    3

    Default Re: Can I Get Away Without Giving the Full Two Weeks' Notice

    Thanks, hr for me and llworking! Really appreciate the perspective. I will dig further into my agreement and decide whether I want to bring an attouney in.

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