Is it possible to quit my job without giving 90-days notice required in the contract?

UPDATED: Oct 1, 2022

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Is it possible to quit my job without giving 90-days notice required in the contract?

According to my contract I need to give 90-days notice before quitting my

job. I am wondering if it is possible for me to give only 30-days notice and

leave the current post as the contract doesn’t specify a penalty for not giving

the 90-day notice. The specific wording of the contract is as follows

‘Employment under this Agreement shall continue in effect until terminated by

either party. Employment shall be considered at-will, which means that either

party may terminate this Agreement for no reason or for any reason not in

violation of state or federal law provided, however, that a if the employer

wishes to terminate this Agreement without cause, then he must provide 90 days prior written notice to Group and, b if Group wishes to terminate this

Agreement without cause, Group must provide 90 days prior written notice to the employer

Asked on August 13, 2018 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

When there is no penalty provided, the other, non-breaching party could sue the party which violated the contract for any damages, losses, costs, etc. they provably occured due to the breach. Example: say your quitting with less-than-required notice, thus reducing their chance to replace you or otherwise accommodate your departure, causes them to miss a deadline on a project and incur some loss or penalty--they could potentially sue you for that. Or if they have to hire some temp or freelancer at a premium to cover your work for an additional 60 days, they could sue you for the difference between what they paid you and what they have to pay the temp or freelancer.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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