UPDATED: Oct 1, 2022
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If my employer had me sign a document stating
that I would give 3 weeks notice or else I
would need to pay 3 weeks worth of pay, would
this hold up in court? I am in a position that
has become highly stressful and really would
like to get out asap. If I had records from a
mental health care provider proving it to be
unhealthy from a Medical standpoint, would that
Asked on January 4, 2018 under Employment Labor Law, Washington
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
1) Yes, if you signed an agreement requiring 3 weeks notice, that is legal and enforceable: you contractually agreed to 3 weeks notice, and limitations on terminating employment--whether on employers or employees--are legal.
2) No, a note from a mental health provider would not help:
a) You own health issues or other aspects of your personal situation do not provide grounds to terminate or modify a contract without the consent of the other party. (If they did, contracts would be worthless: someone could always come up with some hardship they are suffering to let them get out of the contract.)
b) Under employment at will (which is the law of this nation except when you have a written employment contract to the contrary), a workplace is allowed to be stressful, overwhelming, intimidating, etc.--there is no legal limit or restriction on this. Therefore, since it is perfectly legal for the job to be stressful, overwhelming, or intimidating, these facts do not provide any basis to get out of your job earlier than you had agreed.
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 AttorneyPages.com 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.