Boss do not let me go

[raserran]

What is the name of your state?
Texas.
I am working in a company since five years ago. I got a better job in other company. I did not sign any contract when I was hired in the company I am working. I gave to my boss my letter of resignation two weeks ago. My boss showed me a book of "Company policy" where it says that employees should present a letter of resignation 30 days before leaving. When I was hired I did not receive that book. Can I leave now, after two weeks of presenting my letter of resignation? Thanks for your help.

 

[eerelations]

There are no laws requiring employees to provide their employers with any amount of notice of resignation. However, that said, individual company policies may provide legally enforceable penalties for not providing a specified amount of notice. What does this particular policy say about penalties for non-compliance?

 

[Zigner]

The entire matter rests with ONE word - *should*.
Feel free to move on OP

 

[Beth3]

What is the name of your state?
Texas.
I am working in a company since five years ago. I got a better job in other company. I did not sign any contract when I was hired in the company I am working. I gave to my boss my letter of resignation two weeks ago. My boss showed me a book of "Company policy" where it says that employees should present a letter of resignation 30 days before leaving. When I was hired I did not receive that book. Can I leave now, after two weeks of presenting my letter of resignation? Thanks for your help.

Yes. You are free to leave any time you like regardless of what notice period the Handbook requests.

 

[HomeGuru]

What is the name of your state?
Texas.
I am working in a company since five years ago. I got a better job in other company. I did not sign any contract when I was hired in the company I am working. I gave to my boss my letter of resignation two weeks ago. My boss showed me a book of "Company policy" where it says that employees should present a letter of resignation 30 days before leaving. When I was hired I did not receive that book. Can I leave now, after two weeks of presenting my letter of resignation? Thanks for your help.

**A: you leave now ok.

 

[Betty]

I agree - you are free to leave at any time since you have no contract to the contrary. Tx. is an at-will employment state & you can leave at any time for any reason just like you can be fired at any time for any reason (that isn't a protected by law reason - age, gender, etc.) unless there is a bona fide employment contract or CBA to the contrary.

 

[TinkerBelleLuvr]

Employment At Will
The state of Texas recognizes the traditional rule of employment at will. This means that all workers in Texas are presumed to be at-will employees unless the employer has acted to create a different relationship. There are several ways an employer can alter the relationship. An employer might enter into an oral or written contract guaranteeing to employ someone for a specific period of time or promising to terminate the employee only for specified reasons. An employee handbook or collective bargaining agreement can limit the employer's right to terminate employees. Sometimes employers inadvertently limit their right to fire employees if, by their actions, the employers give the employees reason to believe their jobs will continue. For example, if an employer promises a job to someone from out of state and that person moves to Texas specifically to take the job, the employer probably has changed the employment relationship. The employment is not at will because the employee has gone to the trouble and expense of moving after reasonably relying on the promise of new employment.

The implications of the at-will relationship are far-reaching. Unless there is an agreement to the contrary, an employer may discharge an employee at any time for any legal reason. As long as an employee is not fired for an illegal reason--such as racial or gender discrimination--an employer does not need a good reason to fire someone. Even a silly reason is enough. It also means that an employee may resign at any time, for any reason, with or without giving notice. The employee is free to leave for any reason at all, even if by doing so he or she greatly inconveniences the employer.

 

[mlane58]

Employment At Will
For example, if an employer promises a job to someone from out of state and that person moves to Texas specifically to take the job, the employer probably has changed the employment relationship. The employment is not at will because the employee has gone to the trouble and expense of moving after reasonably relying on the promise of new employment.

Just how has the employer changed the relationship? They would still be an at-will employee unless there is a bona-fide contract or cba in place. You are mixing up at-will with detrimental reliance and the burden would fall on the employee to show that the employer has foreseeable knowledge that relocating the employee would be short lived.

 

[ecmst12]

Ginny was probably copying from the Texas DOL website or something (though she didn't cite her source).

 

[TinkerBelleLuvr]

I just copied the who part about Texas being an at-will state and underlined the portion that pertained to the OP. She's got a boss that is telling her she must give 30 days notice. She's giving two weeks notice. Technically, NO notice needs to be given on either part.

Generally two weeks notice is a courtesy to our employers. The last job I was at, I gave two weeks, they asked for six weeks; we negotiated for four weeks.

At my current employer, depending on the position, someone give notice and we'll say - bye, adios ... dont' need the full two weeks, so guess what - no one give notice!

My only point is that she is NOT obligated to the 30 days.

 

[pattytx]

My only point is that she is NOT obligated to the 30 days.

And didn't eerelations say that in the very first response? And everyone else following agreed?

I would be interested in the OP coming back though and answering eerelations' question regarding the penalties for noncompliance.

 

[xyzeon]

bona-fide contract or cba

you'all kept referring to bona-fide contract or cba, so what is "bona-fide contract or cba" thanks...

 

[eerelations]

A "contract" is an employment contract signed at time of hire. A "bona-fide contract" is a real contract and not just an offer letter, which many employees mistakenly believe is a contract. A "cba" is a collective bargaining agreement, which is what the OP would have if he/she was unionized.

 

[raserran]

Thanks.

My boss did not talk about penalties, only that according to the "Company Policy" the letter of resignation shoul be presented 30 days before leaving.
Anyway, I am very grateful for all your help.
Thank you very much.