Repercussions of not honoring 90 day notice

UPDATED: Sep 30, 2022

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Repercussions of not honoring 90 day notice

My current job and contract state 90
day notice required if terminating
without cause. This is a very long time
and most new jobs are not willing to
wait that long for me to start. I live in
North Carolina. What would be the
likely repercussions if I file termination
but say I can’t stay the full 90 days

Asked on September 21, 2016 under Employment Labor Law, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

In theory, if your failure to provide 90 days notices cause them some additional or unusual expense--e.g. they have to hire a temp or consultant at a premium to finish some project, etc. you were working on--they could sue you for that amount; however, to do so successfully, they'd have to be able to prove "by a preponderance of the evidence" (that it is more likely than not) that your failure to provide notice caused them the expense, and then they'd only be able to get the additional expense for a number of days equal to the difference between the notice you did provide and the notice you were suppose to provide. If they did not suffer a provably additional cost, etc. due to the lack of notice, they'd have no grounds to sue.

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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