Question about 90 days notice period to leave employments

[xjh915]

Hi I need some legal advise. I work in MA and my employment agreement has 90 days notice period. My situation is bit complicated. I started as full time and switched to part time. I have not signed new contract but it was verbal agreement. So even my agreement was for full time, i only worked full time for 4 months and part time for six months. I just gave them notice and im worried that they will force me to work full time for 90 days. Couple questions about agreemeny too

- when i signed agreement, it stated that the agreement is under different state law. I only worked in MA and never been in state where our headquarter is. When i asked to change state to MA, they declined.so even i worked in ma only, they state that the agreement in under other state law. Is that ok?

- employee needs to give 90 days notice period but employer only needs to give us two week. Does that violate mutuallity?

- in agreement i was guaranteed minimum pay when my production was lower. I had many paycheck when they did not pay me minimum and was notified that i need to check production and let the accounting department to know to get paid minimum. The agreement states only that we are guaranteed with minimum. Whenever i complained about not getting paid minimum, they told me that the difference will be added next pay check which im not sure if happended. I was wondering if this is breach of agreement and void whole agreement.

- one of my collegue also tried to quit after doing about two weeks of notice period and got legal threatenning letter from their lawyer. I looked up the lawyer's name and lawyer is not licensed to exercise law in MA. Is that ok?


I have family to support i cannot work full time due to personal reason. Im afraid that they will claim that u signed full time and make me back for full time when i cant work full time and also afraid that i will not get paid properly during this period. Please advise. Thank you.

 

[FlyingRon]

- when i signed agreement, it stated that the agreement is under different state law. I only worked in MA and never been in state where our headquarter is. When i asked to change state to MA, they declined.so even i worked in ma only, they state that the agreement in under other state law. Is that ok?

Define, OK. Can they say that, sure. However, they still are likely subject to certain aspects of Massachusetts law.

- employee needs to give 90 days notice period but employer only needs to give us two week. Does that violate mutuallity?

No. Mutuality means both parties must perform their respective obligations under the contract. It doesn't say that certain terms of those obligations have to be identical for both parties.

- in agreement i was guaranteed minimum pay when my production was lower. I had many paycheck when they did not pay me minimum and was notified that i need to check production and let the accounting department to know to get paid minimum. The agreement states only that we are guaranteed with minimum. Whenever i complained about not getting paid minimum, they told me that the difference will be added next pay check which im not sure if happended. I was wondering if this is breach of agreement and void whole agreement.

It was a breech but since it's been remedied it's not likely further actionable.

- one of my collegue also tried to quit after doing about two weeks of notice period and got legal threatenning letter from their lawyer. I looked up the lawyer's name and lawyer is not licensed to exercise law in MA. Is that ok?

The lawayer can write a letter on behalf of the corporation. He'd be enjoined from actually appearing in court without getting admitted in Mass., but they could either do that (fairly routine) or the company could get representation from an admitted Mass. lawyer.

I have family to support i cannot work full time due to personal reason. Im afraid that they will claim that u signed full time and make me back for full time when i cant work full time and also afraid that i will not get paid properly during this period. Please advise. Thank you.

Frankly, when they allowed you to switch to part time, the full time aspects of the contract pretty much were vacated.

 

[commentator]

Why in the name of all that is reasonable should a company have the slightest desire to COMPEL an unwilling person to work out a ninety day notice in their facility? This makes very little sense. An unproductive and unwilling employee being compelled to work more hours than they were normally working and longer than they wanted to could do their bottom line a great deal of damage. What're they going to do to you if you don't work up to your usual level of productivity? Fire you? That would be somewhat less agreeable, if they did not make a good case, you probably would qualify for unemployment insurance which would be bad for the company. When you just quit, you wouldn't qualify for unemployment benefits.

As it has been pointed out, when you went to part time, you without saying changed the other hiring agreement that these people had with you. In an "at will" state, they cannot make you work when you do not want to. A threatening letter in this situation makes so little sense I can barely take it in. "Yes, you MUST work out your ninety day notice, you must work the next ninety days full time or we will....." what, sue you for quitting? By the way, what is the state where the company is located?

It is very common for people to be told as soon as they give any sort of notice that they are to leave immediately. The employer has the right to do this. But compel you to work full time when you have been working part time, and compel you to work three months after giving your notice? What about people who have to quit due to health reasons or family emergencies?