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I have an employment contract that states," Company may

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I have an employment contract...
I have an employment contract that states , " Company may terminate this agreement at any time, with or without cause. Moreover, Employee may terminate this agreement at any time, with or without cause, upon the provision of a sixty days' written notice. Upon receipt of written notice from the Employee, Company reserves the rigth to immediately discharge the employee."
There are no sections/language to talk about unpaid time off, damages if 60 days notice isn't given, or any consequences for not giving 60 days. I have accepted a new job and can't give the 60 day notice and I want to know if they can sue me?
Submitted: 1 year ago.Category: Employment Law
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8/8/2016
Employment Lawyer: Ely, Counselor at Law replied 1 year ago
Ely
Ely, Counselor at Law
Category: Employment Law
Satisfied Customers: 102,686
Experience: Years of experience in running a medium sized law firm.
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

What state is this in, please?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

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Customer reply replied 1 year ago
Contract is governed by laws of Delaware but I live and work in PA.
Employment Lawyer: Ely, Counselor at Law replied 1 year ago
Thank you.
There are no sections/language to talk about unpaid time off
This is governed by law of DE, so DE legal doctrines apply. Depending on DE Code Tit. 19 Sec. 1108 et seq as well as case law:
The company has to create an ACCRUAL method for the pay, be it on a monthly or pay period basis, or upon completion of a 6-month or 12-month period, etc. Depending on the method, once the unpaid vacation time is accued, it is due as payment. The company must also be clear if there are any pro rated days/wages for this.
damages if 60 days notice isn't given
By default, this would mean (1) loss of income for the company while trying to get a new hire and (2) the difference between what they would have paid you to the end of the contract and what they had to pay the new hire to take over, if more.
or any consequences for not giving 60 days.
See above.
I have accepted a new job and can't give the 60 day notice and I want to know if they can sue me?
They can - see above. However often companies do not really pursue such claims.
Good luck.
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I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.
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Customer reply replied 1 year ago
even though the contract doesn't list any damages if I don't give 60 days notice the laws of DE take over and would apply?
Employment Lawyer: Ely, Counselor at Law replied 1 year ago

Yes. If the contract states that laws of DE apply (called a governing law clause), then DE law would apply. Under DE law and common law, damages in such a situation would mean: (1) loss of income for the company while trying to get a new hire and (2) the difference between what they would have paid you to the end of the contract and what they had to pay the new hire to take over, if more.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

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Customer reply replied 1 year ago
It states, "This agreement shall be governed by the laws of the State of Delaware. Employee, and Company hereby submit to the jurisdiction of the State and Federal Courts located within the State of Delaware with respect to any action that may arise concerning the terms of this Agreement."That confirms what you are saying?
Employment Lawyer: Ely, Counselor at Law replied 1 year ago
It states, "This agreement shall be governed by the laws of the State of Delaware. Employee, and Company hereby submit to the jurisdiction of the State and Federal Courts located within the State of Delaware with respect to any action that may arise concerning the terms of this Agreement."
Right - this is a governing law and jurisdiction clause. So any issues would be governed by DE law and DE courts.
Yes, this confirms what I am saying.
Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
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Employment Lawyer: Ely, Counselor at Law replied 1 year ago
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!
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Ely
Ely
Ely, Counselor at Law
Category: Employment Law
Satisfied Customers: 102,686
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Experience: Years of experience in running a medium sized law firm.

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