Do I need to give 2weeks notice? if I did not signe anything.
I am a Chief Technologhy Officer. For 6 years now. I work in almost all the department. Software,network, graphic,development and few more. If I want to resign. IN 1 week. They are saying no they need 6 weeks at least. CAn they do that? and if I dont give them that much time can they do anything to me legaly? I did not signe any contract or anything with the co.
1 answer | asked Aug 7, 2006 4:20 PM [EST] | applies to New York
Answers (1)
The Employment at Wil Doctrine Working for the Employee
Your situation presents an instance where the employment at will doctrine works for the employee. Under this doctrine, an employee is free to leave an employer at any time for any reason, or no reason at all. No advanced notice is needed.
Let's assume for the moment that you did sign a contract requiring you to provide your employer 6 weeks notice before leaving. Well, in the U.S., we have a law against involuntary servitude. It's the 13th Amendment to the U.S. Constitution. You can't be forced to work for anyone.
If you had signed a contract requiring 6 weeks of notice, the most that the employer could do is sue you, under the contract, for the extra costs the employer incurred in replacing you during the period of notice you did not provide. Note, that all we are talking about is the extra costs in replacing you. If your replacement costs as much as you, the employer would have no claim against you.
There is a final twist in all this. Anyone in the U.S. can be sued at any time for any reason. The key in the U.S. is not whether you can be sued, but whether you can win your lawsuit. So, I can't say that your employer would not run into court to try to get an order to force you to stay. I can say that the employer would probably not succeed in the long term, though I cannot rule out the employer succeeding in the short term.
posted by David M. Lira | Aug 8, 2006 11:57 AM [EST]
Your situation presents an instance where the employment at will doctrine works for the employee. Under this doctrine, an employee is free to leave an employer at any time for any reason, or no reason at all. No advanced notice is needed.
Let's assume for the moment that you did sign a contract requiring you to provide your employer 6 weeks notice before leaving. Well, in the U.S., we have a law against involuntary servitude. It's the 13th Amendment to the U.S. Constitution. You can't be forced to work for anyone.
If you had signed a contract requiring 6 weeks of notice, the most that the employer could do is sue you, under the contract, for the extra costs the employer incurred in replacing you during the period of notice you did not provide. Note, that all we are talking about is the extra costs in replacing you. If your replacement costs as much as you, the employer would have no claim against you.
There is a final twist in all this. Anyone in the U.S. can be sued at any time for any reason. The key in the U.S. is not whether you can be sued, but whether you can win your lawsuit. So, I can't say that your employer would not run into court to try to get an order to force you to stay. I can say that the employer would probably not succeed in the long term, though I cannot rule out the employer succeeding in the short term.
posted by David M. Lira | Aug 8, 2006 11:57 AM [EST]
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