What is the legally accepted resignation period as stipulated by labor law?

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What is the legally accepted resignation period as stipulated by labor law?

I work at a private school. In our contracts it stipulates that a full terms notice (3 months) must be given. This notice cannot be given during the term only at the beginning of the term. I have had a job offer which is much closer to home and as I am struggling to afford the transport costs would like to accept the new job which will start January. My employer is refusing to release me, saying I can only leave in April. No school will advertise an opening 5 months ahead of time.

Asked on October 18, 2012 under Employment Labor Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The contract provision of three (3) months notice with respect to a labor situation most likely is not binding in your state for the simple reason it forces employment on a continued basis even if the employee is miserable in the work situation. Such makes no economic sense for both the employer and the employee.

I suggest that you consult with a labor attorney to confirm that such a three (3) month notice period is not binding upon you and once confirmed, give your notice and begin looking elsewhere for a position that will make you much happier.


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