Repercussions of not honoring 90 day notice

My current job and contract state 90
day notice required if terminating
without cause. This is a very long time
and most new jobs are not willing to
wait that long for me to start. I live in
North Carolina. What would be the
likely repercussions if I file termination
but say I can’t stay the full 90 days
more?

Asked on September 21, 2016 under Employment Labor Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

In theory, if your failure to provide 90 days notices cause them some additional or unusual expense--e.g. they have to hire a temp or consultant at a premium to finish some project, etc. you were working on--they could sue you for that amount; however, to do so successfully, they'd have to be able to prove "by a preponderance of the evidence" (that it is more likely than not) that your failure to provide notice caused them the expense, and then they'd only be able to get the additional expense for a number of days equal to the difference between the notice you did provide and the notice you were suppose to provide. If they did not suffer a provably additional cost, etc. due to the lack of notice, they'd have no grounds to sue.


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