Post-dating an intention to Terminate Contract

[Superhandz]

Hi, I'm currently residing in Houston, Texas and have a question regarding the termination of my contract.

A clause in my contract states I may voluntarily terminate my contract giving no less than 4 weeks notice.

Another cluase in my contract states if I terminate my contract within 12 months of employment, I'll be liable for costs associated with my VISA and mobilization.

If my employer chooses to terminate my contract, I am not liable for the costs.

My question is, can I inform my employer of my intention to terminate my contract on the date that takes me to the 12 month period theshold.

Example, if I started working for my employer on March 2nd 2012, could I write to them and inform them that I intend to terminate my employment as of March 2nd 2013 in December?

This way, if they decide to terminate my contract themselves before that date, I'm not liable for the costs because they chose to terminate my employment.

Thanks for any information offered.

 

[cbg]

You can, but I'm not going to offer a carved in stone guarantee that it will hold up, since you are still the one that initiated the termination.

You need to show the entire document to an attorney in your state - all we can do is guess since we can't read it from here.

 

[Zigner]

What do you hope to accomplish by giving notice of your intention to terminate this early?

 

[Superhandz]

Having secured another position, my intention is to inform of my employer of my intention to terminate my contract in the hope that they chose to terminate it first, relieving me of the burden of paying back my VISA and mobilization costs enabling me to join my new employer earlier.

On an ethical note, I've made this company a large amount of money during my time here, so my conscience is clear regarding my debt.

 

[Zigner]

Having secured another position, my intention is to inform of my employer of my intention to terminate my contract in the hope that they chose to terminate it first, relieving me of the burden of paying back my VISA and mobilization costs enabling me to join my new employer earlier.

On an ethical note, I've made this company a large amount of money during my time here, so my conscience is clear regarding my debt.

Why do you think this tactic will accomplish what you hope to accomplish?

 

[Superhandz]

Without knowing the legal implications of giving this intention of notice to my employer, I can't answer that.

 

[Zigner]

Without knowing the legal implications of giving this intention of notice to my employer, I can't answer that.

I would suggest that you consult with a local attorney. Your question is beyond the scope of this forum.

 

[ecmst12]

Accepting your resignation notice early would not, generally speaking, change this from a voluntary termination to an employer-caused involuntary termination. But you should definitely speak with a lawyer.