Q: I’m in Texas, My contract has an “at will” (8week notice required) clause, is this absolutely enforceable if I quit?
Live in Texas, but work remotely for the company which is based in Detroit, Michigan. They gave me a retention bonus through July, which I have to pay back whether they terminate me or I resign. But, this 8-week notice requirement is next to the “at-will employment” term, so is this enforceable if I quit with a shorter notice? (I’d pay the retention bonus back, but would want to give a 4 week notice at most)
A: It’s not illegal per se, but I’m curious what damages your employer can seek if you depart early. Maybe forfeiture of accrued but unused PTO?
A:
Check the contract to determine which court will govern first. I can't answer your question without knowing what law will govern your contract in the event of a dispute.
I worked on a matter where an employee had to return a large retention bonus above $70,000.00, because he was terminated early.
I need to see your contract to make a determination.
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