Employment Termination Notice

[javed]

What is the name of your state (only U.S. law)? Massachusetts

I took an employemtwith a new firm in October 2012. My employemnt agreement states that if I terminate the agreement, I will have to give a 90 days notice but if the employer termintes the agreement, it will give 30 days notice. Is this legal, I would like to terminate the agreement with 30 dyas notice if it legal by USA law.

Thank you for an advice.

 

[sandyclaus]

What is the name of your state (only U.S. law)? Massachusetts

I took an employemtwith a new firm in October 2012. My employemnt agreement states that if I terminate the agreement, I will have to give a 90 days notice but if the employer termintes the agreement, it will give 30 days notice. Is this legal, I would like to terminate the agreement with 30 dyas notice if it legal by USA law.

Thank you for an advice.

Most States don't have a specific legal notice requirement to terminate employment. Generally, the purpose of giving notice is to provide the employer with an opportunity to find someone to replace you.

If you are saying that you have a specific notice requirement, then you almost certainly have an employment contract that governs this situation. You signed that contract, agreeing to the termination notice as specified. Refer to that contract to see what specific penalties may apply if you fail to provide the required notice.

Is it legal? I believe that such a notice requirement is not specifically illegal which makes it legally binding and fully enforceable.

 

[swalsh411]

If you are saying that you have a specific notice requirement, then you almost certainly have an employment contract that governs this situation. You signed that contract, agreeing to the termination notice as specified. Refer to that contract to see what specific penalties may apply if you fail to provide the required notice.

Highly unlikely the OP has a true employment contract. It's much more likely that it's just an employer policy or something that was put in their offer letter. In either case it is not binding and the employer has no recourse if the employee quits without giving 90 day notice. Courts frown upon agreements that force people to work against their will.

 

[javed]

Termination Notice

Most States don't have a specific legal notice requirement to terminate employment. Generally, the purpose of giving notice is to provide the employer with an opportunity to find someone to replace you.

If you are saying that you have a specific notice requirement, then you almost certainly have an employment contract that governs this situation. You signed that contract, agreeing to the termination notice as specified. Refer to that contract to see what specific penalties may apply if you fail to provide the required notice.

Is it legal? I believe that such a notice requirement is not specifically illegal which makes it legally binding and fully enforceable.

****************************..

The reason I asked the question about the legality was that it is not fair for the employee. In some countries like South Africa, the termination notice must be equal from both parties. If the emaployer asked for 90 days from the employee but the employer would give only 30 days to th emplyee, then the 90 days becomes illegal and 30 days one applies to both parties. In such cases even though the contract has been signed by both parties (with different notice periods) the employee gives only a thirt days notice by law and leave the firm legally without any penalities from the firm.
...J...

 

[ecmst12]

Only an attorney in your area who has read the document in full could guess whether it's enforceable or not.

 

[LdiJ]

Most States don't have a specific legal notice requirement to terminate employment. Generally, the purpose of giving notice is to provide the employer with an opportunity to find someone to replace you.

If you are saying that you have a specific notice requirement, then you almost certainly have an employment contract that governs this situation. You signed that contract, agreeing to the termination notice as specified. Refer to that contract to see what specific penalties may apply if you fail to provide the required notice.

Is it legal? I believe that such a notice requirement is not specifically illegal which makes it legally binding and fully enforceable.

Maybe...consideration is necessary to make a contract enforceable. A provision does not have to be not specifically illegal in order to be unenforceable...it can be unenforceable for lack of consideration.

For example, no state law, in any state, requires an employee to provide notice. They still have to be paid for the time worked whether they provide notice or not...nor can they be penalized for not providing notice, unless they were granted some special consideration within the contract. One common example of special consideration is a signing bonus, another is the company covering relocation expenses, another would be the company paying for a master's degree...and there are other types of consideration that could apply as well.

So, if its nothing more than a basic contract that requires 90 days notice, with no consideration given, its likely unenforceable. The job itself is not enough consideration in most cases.

 

[cbg]

If you are asking whether the fact that you are required by this document to give 90 days notice but the employer only needs to give 30 automatically makes the agreement illegal, it does not. Nothing says an agreement has to be fair or evenhanded.

I am not saying that it's automatically enforceable, either; only an attorney in your state who has read the agreement can say that for sure. But if it is not enforceable, it will be for reasons other than that the employer and employee notice are different.