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If I have a 90 day notice requirement to resign. What consequences exist if I give less?
Anonymous2 views2 answers
I am have an employment contract that requires 90 days notice to resign. I have an opportunity that is too good to pass up. What consequences exist if I give less notice if no specific consequences are listed in the contract? Is the likelihood of legal consequences affected by the size of the company and my over all importance to it? I am a midlevel health care provider, there are other providers that could absorb my patients. It won't be fun, but possible. My immediate supervisors have stated that I must uphold the contract because it will cause potential harm to patients, but have not answered what consequences there are for leaving.
If you fail to give the 90-day notice as required by your contract, your employer can sue you for breaching the contract. The question will be - what are their damages?
If there is a liquidated damages clause in the contract, that may be your answer.
Otherwise, their damages will probably be any costs or expenses they incur as a result of your breach. For instance, if as a result of your breach they needed to pay some employees overtime, they could sue you for that money.
I agree with my colleague. You really need to look to the specific terms of your agreement and identify any liquidated damages clause. You also should look for any clause that specifies any additional remedies such as payment of your current employer's attorneys' fees - this may add to your risk/cost. If one exists you should consider getting some form of release from your current employer to avoid being surprised later.
Your new employer should have asked you to confirm that you are not bound by any non-competition or employment related agreements and/or that your new employment would breach such agreements. If you have not addressed this with them, you may want to consider disclosing this issue to your new employer. In fact, you should consider ask asking your new employer to cover some or all of the cost of litigation for breaching your current employment agreement. This is not uncommon, and many employers will agree to this - but will limit the amount (i.e., they will pay up to a specified amount).
Given the potential risk of leaving your current job, being sued and then being terminated by your new employer, you should contact a business lawyer to help you assess your options. I would be happy to discuss this matter further.
This answer is for informational purposes only and is not intended to be legal advice nor does it establish an attorney-client relationship. You must consult a local business lawyer to obtain legal advice that is tailored to your circumstances and facts. Good luck to you.
