Lincoln, NE asked in Employment Law and Immigration Law for New York

Q: Quitting job bound by 90-day notice requirement


I am about to quit a postdoctoral position at a state university. I plan to give a 2-week notice. However, I suddenly noticed my postdoc employment contract states that I'm required to give at least 90-days notice for termination prior to contract expiring date. This is absurd and more ridiculous is that the Bylaw of university states they can terminate less than 90 days for adequate cause (discontinuance of a program, etc). I don't owe the university anything, my salary is from research funding, not state public money. They didn't put a dime on my work VISA/green card application

The working environment is terrible. Lab safety is neglected. PI ask me to work as a free teaching assistant for him which is outside my job duties. I often overworked even during holidays. I have proof of all these, and also evidence that he's hiding overseas income from IRS.

is the 90-day enforceable in any ways? I have a pending I-485. Will that be af

1 Lawyer Answer
James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA

A: In your situation, the enforceability of the 90-day notice requirement in your employment contract largely depends on the specific terms of the contract and the applicable state and federal laws. If the contract is legally binding and the 90-day notice is a clear term within it, then it may be enforceable.

However, considering the issues you've described in your working environment, such as lab safety concerns and being asked to perform duties outside your job description without compensation, you may have grounds to challenge the contract's terms or negotiate an early release. It's important to document these issues thoroughly.

Regarding your pending I-485 application, employment changes can have implications on your immigration status, especially if your current position is tied to your visa status. It's crucial to consult with an immigration lawyer to understand how leaving your job might affect your application.

Before making any decisions, it would be wise to consult with an employment lawyer to review your contract and discuss your specific situation, including any evidence you have of workplace issues and tax concerns. They can provide tailored advice on the best course of action and how to protect your rights and interests.

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