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John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 4661
Experience:  Exclusively practice labor and employment law.
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I have an employment agreement which stipulates 30 days

Customer Question

I have an employment agreement which stipulates 30 days notice for resignation. I have been paid $0 for the full year 2015 and have no salary for 2016. I was paid a lump sum of deferred bonus money relating to work prior to 2015. Compensation clause in the agreement says "discretionary". Do I need to honor the 30 day notice?
Submitted: 11 months ago.
Category: Employment Law
Expert:  John replied 11 months ago.

A good argument could be made that this contract is not binding, and voidable by you, at all for two reasons 1) it's illusory - in other words the terms of the employer's duty to pay for labor is so indefinite that it's obligated itself to essentially nothing, and 2) it's against state and federal wage laws, which dictate that employees at least be paid minimum wage or a salary of $455 per week. To have a contract that states we'll pay you if we feel like it is obviously in violation of that. Obviously I cannot guarantee you that a court would rule in your favor, but there is a good chance that they would. If it were me and I wanted out of this contract early, I'd declare the contract void on these basis and quit immediately without notice.

Expert:  John replied 11 months ago.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you're otherwise satisfied with my response, please leave a positive rating as itis the only way I am able to get credit for my answers. Thank you, ***** ***** wish you all the best with this matter.

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