Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

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

Show More
Show Less
Ask Your Own Employment Law Question
Answered in 2 minutes by:
3/20/2018
Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 37,272
Experience: More than 30 years in legal practice.
Verified

Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in satisfied customer ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

This is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.

There may be a slight delay in my replies as I am assisting other JA customers also. I will reply to your follow up questions.

WHILE WE ARE CHATTING DO NOT CLICK ON THE BUTTON TO REQUEST A SECOND OPINION. IT WILL LOCK ME OUT OF THE CHAT AND PREVENT ME FROM REPLYING TO YOU.

Ask Your Own Employment Law Question

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

Ask Your Own Employment Law Question
Customer reply replied 1 month 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 1 month 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.

Ask Your Own Employment Law Question
Customer reply replied 1 month 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.

Ask Your Own Employment Law Question
Customer reply replied 1 month ago
What would be the cost in total for the premium service?

$60 in addition to the original question cost.

Ask Your Own Employment Law Question

Are you still online with me?

Ask Your Own Employment Law Question
Customer reply replied 1 month 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?

Ask Your Own Employment Law Question

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

Ask Your Own Employment Law Question
Customer reply replied 1 month 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.

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

Ask Your Own Employment Law Question
Customer reply replied 1 month 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: 37,272
Experience: More than 30 years in legal practice.
Verified
Loren and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?
Ask Loren Your Own Question
Loren
Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 37,272
37,272 Satisfied Customers
Experience: More than 30 years in legal practice.

Loren is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,976 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,406 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,335 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,991 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
I have a question about my company changing PTO policies and
I have a question about my company changing PTO policies and what rights I have? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
2 satisfied customers
Can a company have different PTO policies for different
Can a company have different PTO policies for different level of employees? For example one for professionals (i.e. doctors/nurses) and one for administrative staff?… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
Is it illegal for an employer to you down for PTO when you
Is it illegal for an employer to mark you down for PTO when you work a full day at home and then upon your return judge how much they think you worked after the fact? This was threatened in an email w… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
If any employee didn't formally request Pto but the employer
If any employee didn't formally request Pto but the employer told the employee to take a week off using there paid time off but will be laying you after those 5 days are over. Does the employee have t… read more
Patrick, Esq.
Patrick, Esq.
Doctoral Degree
7,961 satisfied customers
My employer gave me 4 weeks of PTO at the beginning of the
My employer gave me 4 weeks of PTO at the beginning of the year. I could take it anytime I wanted. Now that I am leaving, do they have to pay me for my unused time? … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,745 satisfied customers
I went on scheduled PTO for surgery. My manager didn't
I went on scheduled PTO for surgery. My manager didn't approve the PTO and my paycheck was short the PTO. I still have not been compensated and it's now 10 days past the payday. … read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
466 satisfied customers
In NC, if you're given PTO time at the start of the year and
Good morning. In NC, if you're given PTO time at the start of the year and are laid off, is the employer required to pay you for that? … read more
Lucy
Lucy
Juris Doctor
133 satisfied customers
I work in Florida on an at-will employment contract.
Hi. I work in Florida on an at-will employment contract … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
Our PTO and Vacation statement in our employe handbook is
Our PTO and Vacation statement in our employe handbook is nebulous. I am a national guard member who utilized 16 hours of PTO. One for my military duty on Thursday and one for my personal needs. They … read more
Patrick, Esq.
Patrick, Esq.
Doctoral Degree
7,961 satisfied customers
Can an employer make you take a payout of your PTO accrued
Can an employer make you take a payout of your PTO accrued time if they changed the policy last week and I'm submitting my resignation tomoorw? … read more
Patrick, Esq.
Patrick, Esq.
Doctoral Degree
7,961 satisfied customers
I have worked for a company for seven years and offers PTO.
I have worked for a company for seven years and offers PTO. In the seven years I have never had a supervisor tell me I have to use it when I want to take time off (not vacation). Now this supervisor s… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
My employer amended its pto policy and for those who have
My employer amended its pto policy and for those who have been with the company for more than 10 years has lost 40 hours. So instead of 192 hours pto per year its been reduced to 152. This amended pol… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
2 satisfied customers
Our PTO time is use it or lose it by the end of the fiscal
Our PTO time is use it or lose it by the end of the fiscal year with no payout when separating. One of our employees just gave two weeks notice and wants to use all her PTO time which means we will ne… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,745 satisfied customers
My current employer is requesting I change my PTO policy. My
Hi! My current employer is requesting I change my PTO policy. My offer letter notes unlimited PTO; however, 8 months later they are noting that was an incorrect statement and the company offers only a… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
2 satisfied customers
I have 2 questions regarding PTO (personal time off). When a
I have 2 questions regarding PTO (personal time off). When a person leaves a place of employment, can employer not give unused PTO to employee? Also, if employee has to leave work early because of low… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
2 satisfied customers
I was terminated from a company and was refuse my PTO (payed
I was terminated from a company and was refuse my PTO (payed time off) hours that was already accumulated. … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,745 satisfied customers
Need advice on employment law/wrongful termination. At will
Need advice on employment law/wrongful termination … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,745 satisfied customers
My employment was terminated during a pre-approve PTO for a
My employment was terminated during a pre-approve PTO for a funeral of a family friend. There were two services and the body was cremated. I told my employer I was attending both services. During the … read more
John
John
Employment Lawyer
Doctoral Degree
3,991 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x