Employment Law Questions? Ask an Employment Lawyer.
Hello and welcome. My name is ***** ***** it will be my pleasure to assist you. I'm not sure I understand your question. I do understand that there is a clause requiring you to provide 30 days notice, but what exactly did you do instead? Can you clarify the situation?
Thank you. So are you asking if you can simply "tell" your employer your last day will be 30 days away but not actually work for the next 30 days? When did you say your last day of employment would be when you gave notice?
If you signed an agreement saying you would provide 30 days notice, then you would be in breach of contract if you did not work for at least 30 days after the date on which you gave notice. It's not about getting paid. Your employer included this clause in your contract to avoid a situation where you would leave abruptly and they would be caught shorthanded.
I would be up front with your employer that you are looking to leave by the 23rd and offer to do everything you can to help them find a replacement for you by that date. If they can find a replacement then they can't really claim any "damages" arising from your breach of contract and so they would have no incentive to sue. Candidly, even if they can't find a replacement by the 23rd, their damages are likely to be so minimal from your early departure that it probably wouldn't be worth their time and money to sue you anyway. But technically they could, and that's why it's in your best interest to be very clear about when you will be leaving and to do everything you can to help them find someone to take your place.
If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....