At will contract AND Two weeks notice required ... or penalty
I recently received a job offer as a contract employee. The contract is standard stuff. Three times, the contract states that employment is at-will for both the employee (me) and the employer. But then there is one additional paragraph....
It states that employee may resign with or without reason as of a specified date that is at least two weeks after the employer receives written notice from the employee. If the employee does not give this notice, the employee shall be liable to the employer for damages of $xxx per day, and that employee authorizes the employer to deduct that amount from the final paycheck.
This seems unfair to me for a few reasons: they don't offer severance if I'm not given two weeks notice, and they state time and time again that the employment is at-will.
Is this an enforceable clause?
Answers (1)
You are absolutely correct. This kind of contract or at least the clause in the contract is mostly likely void for several reasons. First, as you pointed out, it's unequal. It creats inequality which is likely to be considered adhesive and unenforceable.
On a more practical level, I can't imagine an employer in the right mind to actually go after an employee for damages because the employee quit without notice.
Further, "at will" means that the relationship can be terminated for any reason, no reason or arbitrary reason at any time. This is yet another reason that this contract, being inconsistent, needs to be redrafted to have any validity.
Thanks,
Arkady
www.sanfranciscoemploymentlawfirm.com
posted by Arkady Itkin | Feb 22, 2009 01:28 AM [EST]
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