Legal Question in Employment Law in California

Employer refuses to accept my resignation?
I got a new job offer, but my current employer won't let me leave the company saying that the ''Employment Agreement'' form that I signed has the following paragraph:

Employee understands and agrees that this agrement is for permanent and the term of this contract is from 10/23/2007 to 10/22/2008. It is understood that Company may terminate this Agreement at any time, with or without reason, with written notice of two weeks prior to the termination, in the employer's sole discretion. Employee may not terminate this Agreement at any time without written agreement from Company. .... A violation of this paragraph shall be a material violation of this Agreement and will justify legal and/or equitable relief.

And my boss is telling me that if I quit this job, it will a breach of contract, and he'll sue me for this. But I would like to know whether or not this is enforceable.

What should I do with this slavery contract?

Asked on 6/17/08, 3:03 am

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

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Re: Employer refuses to accept my resignation?

I believe that a court would construe the at-will provision to be reciprocal. If they could terminate you with two weeks' notice, then you should be able to do the same. I agree with your last comment, which is another way of saying that the provision in the agreement is one-sided and unconscionable.

Answered on 6/17/08, 3:40 pm

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