Cortlandt Manor, NY asked in Contracts and Employment Law for New York

Q: I signed a contract stating I must give my employer 90 day notice. What are the legal repercussions if I leave before?

My employer made me sign a contract stating I must give them 90 day notice before leaving. I find it excessive and I want to know what would I happen if I leave before. Also, that even if I give them the 90 notice but I take days off between the time I hand in my notice and my last day, I must work past the 90 days because it has to be 90 full days. Is this even legal? Would they really sue me or take legal actions?

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2 Lawyer Answers
Kevin Abessi
Kevin Abessi
PREMIUM
Answered
  • Franklin Lakes, NJ
  • Licensed in New York

A: This sounds like a “Garden Leave Provision.”

It’s not like you can be stopped from leaving, so the question is whether it’s enforceable, and if so, what are the damages they deserve for an employee breach of that particular demand.

An attorney would probably need more context before assessing what the cost of a breach, if any, would be to you. If it ultimately proves enforceable, there may be ways to negotiate out of it in way that may not be costly and ultimately leaves all parties happy.

V. Jonas Urba
V. Jonas Urba
PREMIUM
Answered
  • New York, NY
  • Licensed in New York

A: Maybe. You need to have an employment lawyer review the agreement you signed. Contracts are contracts although there are circumstances where they are not enforceable. Don't take chances. A little investment now can save you big bucks in the future. Retainers for entering appearances in federal court will almost certainly be substantial.

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