Employment Contract Termination Clause

[ageis11]

What is the name of your state? RI
I've been at a high level financial position at a company for a very short period of time. I am miserable there and want to get out, I'm trying to get my old job back. I signed a contract with the new company which states:

"Employee's employment under this agreement shall be for an unspecified term. Either party upon two weeks written notice may terminate this agreement. If employee is in viloation of this agreement employer may terminate employment without notice and with compensation to employee only to the date of such termination."

My question is: Upon telling them I'm out of there do I have to provide notice to insure no legal action is taken against me? I would like to go back to my old job (if avaliable) ASAP, but I don't want to have to go to court for a breach in the future. Also the employee handbook mentions a probationary period where either side could terminate within the first 90 days without notice, but I thought the contract would supercede and the contract doesn't mention a probabtionary period.

More then likely they won't want me to stay anyway since I just started, but you never know. I'd hate to have to stay at this place for one day longer then necessary, but don't want to get sued either.

Thanks so much!

 

[krispenstpeter]

Upon telling them I'm out of there do I have to provide notice to insure no legal action is taken against me?

As per the above quote directly from your employment contract, yes, two weeks.

Also the employee handbook mentions a probationary period where either side could terminate within the first 90 days without notice, but I thought the contract would supercede and the contract doesn't mention a probabtionary period.

You would be correct. A handbook is not a contract. The contract you signed would prevail.

Give them two weeks notice then contact your old employer and let them know you are in the market to return.

 

[ageis11]

Thanks so much, hopefully they won't accpet it. Not that I will violate the contract but out of curiosity, what would be my liability if I did?

Thanks!

 

[krispenstpeter]

That would be up to a court to decide, but at a minimum I can guarantee you the company would ask for court costs, attorney fees and the cost of conducting a search for replacing you, including any training costs involved.

NOT something you want to be involved in. Also, the side effect would be on YOUR reputation. Is it worth it?

 

[ageis11]

Clearly not, I will just have to suck it up if they want to keep me on. Thanks so much!

 

[I AM ALWAYS LIABLE]

My response:

Look at your signed contract again. Does it mention the employee handbook? If so, tell me what the contract says in that regard.

IAAL

 

[ageis11]

No reference to its existence is contained in the contract.

 

[I AM ALWAYS LIABLE]

No reference to its existence is contained in the contract.

==========================================

My response:

Oh, well. I was hoping that there would be, and that the words of the handbook would be "integrated" into your written contract. If that were the case, then that would make the contract "vague and ambiguous" - - and, as we all know, any vagueness in a written contract goes against the "writer" of the contract.

Sorry, but I thought it was worth the shot of asking.

IAAL

 

[ageis11]

Appreciated...

 

[ageis11]

Ok, two more questions on this issue. I am going to provide the following letter.

"Per the terms of my employment contract with *******, I am formally announcing my resignation from the position of *********. Pursuant to the referenced contract, I am providing ******** with the required two weeks notice, my last day will be Friday, April 23rd."

I will present it in person and then send cerified mail as required in the contract. My questions are:

1-If they refuse to accept the two weeks should I ask for that in writing?

2-Is the referenced text OK?

Thanks!

 

[krispenstpeter]

The referenced text is fine as long as you send it certified (RRR).

If they refuse to accept it or not is of no consequence. The contract is explicit in that even if they tell you to leave immediately, they would at a minimum, be liable for two weeks of pay. And more if they breach the contract by not giving you the required notice.

I really don't think they are that stupid.

 

[ageis11]

Thanks, is RRR Return Receipt Required? Or something else?

 

[krispenstpeter]

You got it! good luck