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

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

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.

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