Can my current employer force me to resign my position voluntarily?

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Can my current employer force me to resign my position voluntarily?

I have worked in for profit education for 5 years and was just offered a position at a traditional university. During the last 4 summers I have been paid normal salary during vacation by the parent corporation and performed required duties. Another employee discovered my new offer and made the info public without my consent. Now HR is telling me that I must resign my position before the next academic session, which would leave me w/o pay for two months. I have not submitted a formal letter of resignation and my contract does not mandate I leave during session breaks. Is this legal?

Asked on June 2, 2009 under Employment Labor Law, North Carolina

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I think you need to take your contract to a labor lawyer in your area, right away, for a reliable opinion on your rights, based on all of the facts of your case, including anything you haven't included in your question.  One place to find an attorney is our website, http://attorneypages.com

The law of employment contracts varies somewhat, from one state to the next, but ordinarily, basic contract law applies.  Some principles that typically come up in cases like these, are that the party that writes the contract, is stuck with it, and anything that's vague or could mean two or more things, gets interpreted to favor the other side;  usually, this is in the employee's favor.  The "fine print" matters!


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