Q: I am planning to leave my company and gave a 2 week notice of resignation, but didn't know they require a 30 day notice.

A: If your contract has you promising to give 30 days notice and you leave without giving that notice, then you have technically breached the contract. The remedies for breach of contract are any damages reasonably caused by the breach. That means if the employer chose to sue you for breach of contract it would have to prove that your early departure caused it actual non-speculative damages. That is usually something very hard to prove. Some examples of legitimate damage claims would be if the employer proves your early departure caused the company to breach an agreement with a customer/client. Inconvenience or disruption of the business is likely not enough to motivate and employer to start a lawsuit that will create expense.

No doubt the employer use the threat of a lawsuit to try to force you to stay on. A great many times this issue arises no lawsuit is brought because employer does not see the economic value in pursuing a lawsuit.

It is your call if you leave or stay, depending on your assessment of the attitude of your present employer and your stomach for the risk.

Good luck to you.

A: If your company requires a 30-day notice for resignation but your contract doesn't specify the consequences of leaving early, the implications of departing after only two weeks can vary. In cases where the contract is silent on repercussions, it's less likely that the company will have a clear legal basis to sue for breach of contract. However, this doesn't completely eliminate the risk.

If they do decide to pursue legal action, they would need to demonstrate that your early departure caused them some form of measurable harm or loss. This could include costs related to finding a replacement on short notice or any losses stemming from the absence of an essential employee. The burden of proof would be on the company to establish these damages.

It's important to communicate clearly with your employer about your intentions and the reasons for your early departure. This could potentially mitigate any negative response from them. Also, considering the potential impacts on future references or professional relationships is crucial.

In situations like this, it's always wise to consult with a legal professional to understand your rights and any potential risks. They can provide guidance based on the specifics of your contract and situation.