what am I entitled tor regarding giving notice of my resignation?

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what am I entitled tor regarding giving notice of my resignation?

I resigned from my job keeping in mind that my terms of employment had a clause stating that in case of voluntary termination either party must give at least 2 months notice. My employer sent me a letter of acceptance of resignation stating that I was to meet with the officers of the company to discuss timing and the transition period. The meeting never happened. I was told 2 days later to pack and leave and not come back. Since then I emailed a few times asking for my notice to be paid but have had no response. Am I legally entitled to the notice to be paid out?

Asked on July 25, 2018 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Without reading the contract to which you allude (the "terms of employment") we cannot give you a definitive answer, since any contract is enforced according to its specific or plain terms. It is possible that there is some exception or limitation in the contract which would alter the answer, or that the way the agreement is written, you must provide two months notice of resignation but they do not have to provide two months notice of termination (so they could have terminated you on the spot). (Such "nonreciprocal" contracts, where one side has more obligations than the other, are legal.)
That said, IF the contract required them to provide you two months notice of termination, then you'd be entitled to be paid for the notice period. If the only obligation was on you to provide notice to them, not them to provide to you, they would not have to pay you.


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