• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Can my employer sue me?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

anon872123

Junior Member
I work in NJ, an at will employment state, so my contract that i've signed with my employer said i had to give 4 weeks notice. My new job wouldn't accept this so, i gave my employer 2.5 weeks of notice which she verbally accepted. Is it possible for her to sue me for this breach of contract at some point in the future? I'm a W2 Employee that info is needed.
 


cbg

I'm a Northern Girl
It's unlikely, not impossible but unlikely, that what you have is actually a contract. Show it to a local attorney if you're really worried, but I'd bet folding money that's its not a contract.
 

LdiJ

Senior Member
It's unlikely, not impossible but unlikely, that what you have is actually a contract. Show it to a local attorney if you're really worried, but I'd bet folding money that's its not a contract.
And even if it is a contract, that is no guarantee that your employer would sue, particularly since she accepted your notice.
 

anon872123

Junior Member
It's unlikely, not impossible but unlikely, that what you have is actually a contract. Show it to a local attorney if you're really worried, but I'd bet folding money that's its not a contract.

thanks for your reply, in the contract this was stated

It Says Termination : "By Employee for any reason, on the giving of thirty (30) days` prior written notice to Company, which Company may waive, in whole or in part. The Parties acknowledge that 30 days notice is resonable and necessary to assist Company in the transition period until Employee's resignation takes effect. In the event that Employee breaches this provision, Company shall be entitled to pursue all available remedies in equity (including injunction relief) and at law (including money damages for loss of revenue, replacement expanse and any and all other foreseeable costs), and Employee shall be obligated to pay all resonable attorney's fees and costs incurred by Company as a result of such breach"

I mean, i signed it, isn't that what a contract is?
 

HRZ

Senior Member
And even if it's a contract if it's one of adhesion or violates public policy it may be tough to get enforced ......perhaps if you were the only licensed operator in 100 miles for a critical piece of equipment ..but I doubt you are that irreplaceable....
 

anon872123

Junior Member
thanks to everyone for your input, really means a lot to me. I didn't know most of this stuff.

Not everything you sign is a contract huh, that's good to know. Even at the top of this document that i signed it said "Employment Agreement", it never mentioned the word "Contract", is that something?
 

LdiJ

Senior Member
thanks for your reply, in the contract this was stated

It Says Termination : "By Employee for any reason, on the giving of thirty (30) days` prior written notice to Company, which Company may waive, in whole or in part. The Parties acknowledge that 30 days notice is resonable and necessary to assist Company in the transition period until Employee's resignation takes effect. In the event that Employee breaches this provision, Company shall be entitled to pursue all available remedies in equity (including injunction relief) and at law (including money damages for loss of revenue, replacement expanse and any and all other foreseeable costs), and Employee shall be obligated to pay all resonable attorney's fees and costs incurred by Company as a result of such breach"

I mean, i signed it, isn't that what a contract is?
Re the bolded...assuming that it is a contract (for the sake of argument only) the bolded clearly states that the company may waive that notice. Since the company accepted your 2.5 week notice, its sounds like they would be considered to have waved the notice.
 

justalayman

Senior Member
While more often than not what people ask if it’s a contract isn’t BUT, without reading it in its entirety it’s impossoble to tell.


There are a few contracts out there, especially concerning demanding some seemingly lengthy notice to quit being required. If there is a bonifide basis to demand the 30 days and this does rise to the level of a contract, it could be very pricey to breach such a contact, or not


Especially where less than the required notice is given where it would cause a disruption within the compmay that could cause them losses, such a contract is not unusual nor unreasonable. Not knowing your occupation I can’t even guess as to whether such a situation is applicable.

While it is stated the employer accepted the 2 1/2 weeks as adequate, the fact is the employer cannot tie you down and prevent you from leaving. Something you saw as acceptance may have been nothing more that acknowledgment.


Since The deed is done all you can do at this point is wait and see if anything happens
 

cbg

I'm a Northern Girl
Re the bolded...assuming that it is a contract (for the sake of argument only) the bolded clearly states that the company may waive that notice. Since the company accepted your 2.5 week notice, its sounds like they would be considered to have waved the notice.
Exactly.....
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top