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Employment Law question - Can I resign my position and leave…

Employment Law question -...

Employment Law question - Can I resign my position and leave the firm, even my employment contract says it requires 30 days notice period. I work in California.

Lawyer's Assistant: Have you discussed this with a manager or HR? Or with a lawyer?

My manager wants me to stay longer, but I am in a rush to leave. We disagree on that.

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

No union, yes at will employee

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That's about it

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Answered in 2 minutes by:
3/20/2018
Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 38,787
Experience: More than 30 years in legal practice.
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

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Does the contract state what would be the penalty for breach of the 30 day notice?

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Customer reply replied 4 months ago
I can type in the related language in my contact:
Termination - Employees are paid in lieu of accrued untaken PTO entitlement at the date of termination. Should the number of PTO taken by the employee at the date of termination be in excess of the accrued entitlement, the final salary payment will be reduced by the appropriate number of days' payment. Employees who give 30 days' notice of employment termination, must work 30 days without utilizing PTO; PTO cannot be taken as part of notice of termination of employment.This is what exactly says on the contract and the only part mentioned about this.
Customer reply replied 4 months ago
It does not mention any penalty

It seems like all the provision says is that you will lose your PTO if if you fail to give the 30 days notice.

Otherwise, I am not sure they would be able to prove any damages.

Companies often have draconian one sided contract provisions with few teeth for enforcement.

If (and only if) you are completely satisfied that your question is answered professionally and accurately, even if not the answer you were hoping to get, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

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Customer reply replied 4 months ago
That's what I thought. Is it possible that you can take a look at the contract pages (2 pages)? I'm hoping to make sure there will be nothing against me if I choose to leave earlier than 30 days. Please let me know how I can proceed. Thanks

I can offer a premium service to review the contract, if you wish.

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Customer reply replied 4 months ago
What would be the cost in total for the premium service?

$60 in addition to the original question cost.

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Are you still online with me?

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Customer reply replied 4 months ago
it is just a two pages simple contract, so I was reading through, trying to determine if it worth to do the premium service.

Is there any particular provision you are concerned about?

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I am going to be signing off shortly. Did you have any further questions before I do?

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Customer reply replied 4 months ago
Besides the part I mentioned above, no other part of the contract mentioned notice period. It doesn't mention anything about penalty either.
Would that mean, even it says "Employee who gives 30 days' notice of employment termination, must work the 30days without utilizing PTO". Legally it does not have any leverage on me. They wont be able to sue me for not staying for 30 days? Thanks

It does not seem to have any teeth, as I said.

If (and only if) you are completely satisfied that your question is answered professionally and accurately, even if not the answer you were hoping to get, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

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Customer reply replied 4 months ago
Ok then. That should be it. Thanks for answering my questions

You are very welcome.

If you have no further questions, and have not yet done so, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

A bonus is not expected, but is always appreciated.

Thank you for using JA.

Loren

Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 38,787
Experience: More than 30 years in legal practice.
Verified
Loren and 87 other Employment Law Specialists are ready to help you
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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