What kind of noticedo Ineed to give whenI leave my job?
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What kind of noticedo Ineed to give whenI leave my job?
I am at will employee with an employer as per the employment agreement contract. What kind of notice i need to give? The employment handbook asks for 30 days notice. If I do not give a 30 days notice, I need to pay some damages. Do I need to pay damages even if I give 20 days notice? How should I interpret the employment agreement and handbook? The handbook clearly states it is not a contract but it asks for 30 days notice.
Asked on October 1, 2011 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
An employee handbook can create some enforceable obligations, such as to provide a certain amount of notice, even if it does not overall create an "employment contract," or guaranty of employment. There is no way in the abstract to answer your question; the answer will depend on the exact language of the employee handbook and any other agreements your employment is subject to, and how those documents relate. You need to consult with an attorney to answer this question; the lawyer will have to read and review all documents side-by-side. It is very likely that the answer will be either no notice or 30 days notice--not 20 days notice. That is, from what you write, if the 30 day notice period should be enforceable, you'd need to provide the 30 days notice to avoid penalties; anything less would likely not do the job.
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