I am going to resign from my current position. I have only been there 2 months, but when I was hired I signed a letter saying I would give 6 weeks notice. My new company wants me to start in 2 weeks. Am I legally obligated to give the 6 weeks notice?
State/Country relating to question: New Jersey
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Most employees in New Jersey are "At Will", meaning an employer can terminate them at any time, for almost any reason, and similarly, they can quit at any time, for any reason, without having to give notice. However, if you signed an agreement stating that you would give 6 weeks notice, then you can be held to that, and your employer can sue you for breach of the agreement if you leave without giving the full six weeks.
Whether or not your employer would actually try to enforce that agreeement only you can answer - you know your employer best. The more valuable you are to your company and the more difficult it would be to find a replacement for you and train them to do you job, however, the more likely I think it is they would seek to sue you for breach.
If you would like any additional information or have more questions please don’t hesitate to ask!
What would sueing for breech entail? Could they ask for wages?
They could sue for any damages they allege they would incur as a result of your breach by leaving the company early. So, for example, if they claim that they would be (and I'm just making up a scenario, please understand) unable to complete a major project for a client without you there and lose $25,000 as a result, that would be there damages. Additionally, if you were paid any type of bonus or perk and your agreement called for its return should you breach the terms of the agreement, they can seek that as damages as well.
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