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JimL123

Guest
What is the name of your state? Illinois

I have an employment agreement that is automatically renewed each year. I'm not sure if this means anything, but I am an employee "at will" in which the company can terminate my employment at any time. My problem is that the employment agreement calls for me giving 120 days notice prior to leaving. This has become a burden in my job seach. Most companies will only go as far as 30 days to consider me a viable candidate.

If I leave after 30 days, am I in some type of jeopardy?
 


Beth3

Senior Member
Are there any consequences spelled out in the agreement if you quit with less than 120 days notice?
 

cbg

I'm a Northern Girl
It depends upon whether or not the employment agreement is actually a contract, which is doubtful. Particularly as it specifies that your employment is at will and your employer is not required to give you notice in return.

Have the agreement looked at by a local attorney, but my guess is that you will be able to leave within 30 days without penalty.
 
J

JimL123

Guest
Remedies are not really spelled out. It only says the following:

Employee agrees that the promises in this Agreement are reasonable and necessary to protect the legitimate business interests of _____ and the Companies, that any violation by Employee of any of the promises in this Agreement would result in great damage and irreparable injury to _____and/or the Companies, and that _____ and/or the Companies have the right to any all all legal and/or equitable remedies available for breach of this Agreement. Employee further agrees that enforcement by ______ and/or the Companies of the promises contained in this Agreement by way of injunction would not prevent Employee from making a living.
 

Beth3

Senior Member
So they're saying that if you quit with less than 120 days advance notice, they can sue you for the damages they incur as a result, as well as their legal expenses.

You really need to take that document to an attorney and get an expert legal opinion. You need to find out whether the agreement is legally valid in your State and if it is, an assessment of the financial risk involved if you do quit without giving 120 days notice.

The court system takes a dim view of prohibiting someone's "at will" rights and interfering with their employment possiblities. To give those up, typically an individual must be provided an equitable "consideration" for doing so. If you haven't been, then the legal argument may become whether being required to give 4 months notice of your leaving effectively bars you from pursuing new employment opportunities.

In any event, I am not an attorney but this is an area to explore with one.
 

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