What to do if I’m quitting my job and have given my employer 2 weeks notice of my resignation but it says that my employment contract requires 30 days notice?

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What to do if I’m quitting my job and have given my employer 2 weeks notice of my resignation but it says that my employment contract requires 30 days notice?

It has theatened to sue me. However, my contract states that my employment is “at will” and that I may be fired without notice, if my employer has “cause” to do so. One of the instances listed as giving them cause is if I quit and give less than 30 days notice. So, does my employer have a basis for a lawsuit against me? What can they do other than terminate me, effective immediately?

Asked on October 26, 2012 under Employment Labor Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

An employment contract is enforceable as per its plain terms; and note that it is legal for an employer to be able to fire you at will, but an employee to have to give notice, if that's what your employment contract says.

From what you describe, it is very unlikely that your employer can sue you--among other things, it would have to prove some damages, or losses, directly and foreseeable traceable to you not providing 30 days notice. It could, in addition to terminating you immediately, treat that termination as a for cause termination (based on what you write), which would preclude you from receiving unemployment compensation--though if you were quitting or resigning, you presumbably were not planning on collecting that anyway.


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