My contract says give 90 days notice, does that override my At-Will rights?

[dareza]

I live in Massachusetts. I have a contract which lays out my responsibilities. My employer feels I should do my responsibilities one way, I think things could be done better. Because of this I intend to resign from my position. My contract states that I must give 90 days notice, with no mention of what the consequences for doing otherwise entails.
I have two questions.
1) Do my At-Will rights allow me to give 2-weeks notice regardless of the contract?
2) What are the expected consequences for leaving after 2 weeks if my At-Will rights do no override the contract?

Thank you for any help you can provide.

Here's some new information:
1) the document is refereed to as an "Agreement" throughout itself, not a contract; I'm not sure if there is a difference there.
2) the exact wording of the statement regarding termination is as follows: "This agreement may be terminated without cause by either party, by providing the other party with 60 days written notice."

Thank you again for any help on this matter.

 

[LdiJ]

I live in Massachusetts. I have a contract which lays out my responsibilities. My employer feels I should do my responsibilities one way, I think things could be done better. Because of this I intend to resign from my position. My contract states that I must give 90 days notice, with no mention of what the consequences for doing otherwise entails.
I have two questions.
1) Do my At-Will rights allow me to give 2-weeks notice regardless of the contract?
2) What are the expected consequences for leaving after 2 weeks if my At-Will rights do no override the contract?

Thank you for any help you can provide.

The contract should address that. Read over it carefully.

 

[swalsh411]

How sure are you that this is an actual contract or just their policy or something in your offer letter?

Slavery was outlawed some time ago. Your employer may be able to sue you for damages if you actually have a contract and if they can prove you leaving without giving them 90 days damaged them.

 

[justalayman]

I live in Massachusetts. I have a contract which lays out my responsibilities. My employer feels I should do my responsibilities one way, I think things could be done better. Because of this I intend to resign from my position. My contract states that I must give 90 days notice, with no mention of what the consequences for doing otherwise entails.
I have two questions.
1) Do my At-Will rights allow me to give 2-weeks notice regardless of the contract?
2) What are the expected consequences for leaving after 2 weeks if my At-Will rights do no override the contract?

Thank you for any help you can provide.

: My contract says give 90 days notice, does that override my At-Will rights?

why yes...yes it does.

You see, when entering a contract, you willingly agree to the terms. Unless you can argue the requirement under the contract is illegal, unconscionable, or against public policy, it will generally be enforceable. There is nothing illegal or improper with you agreeing to such a term. The employer could have a very valid reason for requiring that period of notice. Of course we can't determine that from here.


As to the penalties possible; impossible to say. If the contract says nothing to the issue, it would be up to the employer to make a claim and if disputed, prove it in court. In such a case it would have to relate to actual damages which, given the lack of information provided, are impossible to even speculate on.

 

[dareza]

Updates.

Here's some new information:
1) the document is refereed to as an "Agreement" throughout itself, not a contract; I'm not sure if there is a difference there.
2) the exact wording of the statement regarding termination is as follows: "This agreement may be terminated without cause by either party, by providing the other party with 60 days written notice."

Thank you again for any help on this matter.

 

[cbg]

Without seeing it, no one here can say if it is a contract or not. You will have to show it to an attorney in your state to determine if it is binding and enforceable.

 

[latigo]

I live in Massachusetts. I have a contract which lays out my responsibilities. My employer feels I should do my responsibilities one way, I think things could be done better. Because of this I intend to resign from my position. My contract states that I must give 90 days notice, with no mention of what the consequences for doing otherwise entails.
I have two questions.
1) Do my At-Will rights allow me to give 2-weeks notice regardless of the contract?
2) What are the expected consequences for leaving after 2 weeks if my At-Will rights do no override the contract?

Thank you for any help you can provide.

Does the contract also require that the employer give you 90 days advance notice of its election to terminate your employment?

If not, leave whenever you wish and with impunity. No mutuality of agreement, no agreement.

That is, provided that the employer cannot point to some specific consideration it surrender in direct exchange for your 90-day promise.

 

[swalsh411]

Folks, slavery is not legal. No court is going to order him to return to work for this employer or throw him in jail for quitting. At most, if the employer can prove there was a genuine employment contract and if the employer can prove they suffered damages as a direct result of the OP quitting, they may be able to recover those damages if the contract allows for it. That is a might big hurdle to jump.

 

[cbg]

No one said he would be thrown in jail or even forced to return to work.

But, depending on the exact wording of the contract, if indeed it is a contract (which has not yet been established) it is not outside the realm of possibility that he could be ordered to pay damages to the employer. It's not likely, if what he says about the wording is true. But it can happen.

So the FIRST thing he needs to do is have a Massachusetts attorney review the document in question and determine if it is indeed contractual, legal and binding. If it is not, no problem. If it is, then that same MA attorney needs to determine what, if any, damages the employee is liable for if he does not give 90 days notice.

Or, he could just give 90 days notice and not worry about it at all.

 

[justalayman]

swalsh411;3083910]Folks, slavery is not legal.

You're right, it's not but demanding a person comply with a contract, which they are presumably being paid for their work, is. While slavery is not illegal, indebted servitude is, as long as it was agreed to and it does not require any illegal actions.

No court is going to order him to return to work for this employer or throw him in jail for quitting.

who said anything about jail? This is a civil issue.

At most, if the employer can prove there was a genuine employment contract and if the employer can prove they suffered damages as a direct result of the OP quitting, they may be able to recover those damages if the contract allows for it

.Hey, I think I heard that somewhere before. Pretty sure of it anyway.

That is a might big hurdle to jump.[

from where you are; absolutely. From where the employer is; impossible to determine from here.