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?
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.
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.