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Andrea, Esq.
Andrea, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11703
Experience:  25 yrs. of experience in employment law, real estate and business law, family law, criminal defense and immigration.
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I gave written notice of my employment elsewhere 30 days in

Resolved Question:

I gave written notice of my employment elsewhere 30 days in advance of my move. The employer...a university.....the next day after I gave notice ended my salary and canceled all benefits. Can they do this? Is this legal in TN? My new salary and benefits do not kick in for 5 weeks.....this seems unprofessional and wrong.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Andrea, Esq. replied 1 year ago.

Hi, my name is XXXXX XXXXX I will be assisting you. If I have not answered your question, please let me know and I will be glad to explain further.

 

 

Did you have an employment contract with the university (An Agreement signed by both the university and you and which set forth a description of the position you were being hired for, your responsibilities, the length of your employment, salary, benefits, etc.) ?

 

Customer: replied 1 year ago.

Yes. This was to be my second year. Contracts are one year ending end of July. I had begun the new contract year. No penalties for breaking contract are specified. TN is an at will state. I was in good standing And dept chair. I am fearful because for 5 wks I am without life and medical insurance...the salary worry is in addition. Do the have legal right to not honor the 30 days?

Expert:  Andrea, Esq. replied 1 year ago.

Thank you for your reply and for your additional information,

 

I am sorry that you were treated so poorly and the university did not show any professionalism in their conduct. Having a written employment contract does not help the employee in these situations if the employment status is "At Will", despite the written agreement regarding all the other aspects of the position. This type of employment relationship gives the employee the right to leave without any liability to the employer, but it also gives the employer the right to terminate the employee and all salary and wages at any time, for any reason, or for no reason at all and that is what your former employer did. In essence, it appears that he was retaliating because you were leaving, but in an "At Will" employment relationship, this is permitted without the employer having any liability for his actions to the employee.

 

I agree that it was not right, that the conduct was totally unbecoming to a university, and it was not fair that they did not give you the same courtesy which you gave them, but unfortunately, the law allows this. f the written Employment Agreement had provided for a 30-Day notice, they would not have been able to do what they did with impunity, and they would be liable to you for damages. But, that is not the case here,

_________________________________________________________________________

 

I wish I could give you the Answer you want to hear, and it would have given me
great pleasure to do so, but I have an ethical obligation to you to give only correct answers and information, so I am respectfully XXXXX XXXXX you not hold the law applicable to your situation against me because you are rating my service to you and not if you like or agree with the law,

______________________________________________________________________


Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to give me a positive rating, and that is the only way I can receive credit, Thank you for understanding,

 

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Thank you for allowing me the opportunity to assist you,



ANDREA

 

Andrea, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11703
Experience: 25 yrs. of experience in employment law, real estate and business law, family law, criminal defense and immigration.
Andrea, Esq. and 3 other Employment Law Specialists are ready to help you

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