Resignation notice
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Resignation notice
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
help?
Asked on January 4, 2018 under Employment Labor Law, Washington
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 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.
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