Legal Question in Employment Law in New York

You have agreed to give them 90 days notice. It goes without stating that of course there might be circumstances where that will not be possible. For example, sickness or the need to care for a family member, an accident, etc.

If your personal reasons are that you decided to rent a condo in Fiji and write that novel you have always dreamed about AND this causes your employer some harm then you can expect them to take action. But if your personal reasons are more compelling then it is far less likely that the employer will ever do anything about it. Remember, they need to show that you caused them damage. It is not enough that you merely breached.

If you need clarification, I suggest that you consult with a lawyer in private and discuss your objectives in more detail. You can start by calling around to several for a free phone consultation, get some insights then pick the best fit to work with.

If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.

Our firm is now referred by the American Bar Association (see under the New York section): http://www.americanbar.org/groups/delivery_legal_services/resources/programs_to_help_those_with_moderate_income.html

Kind regards,

Frank

www.LanternLegal.com

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My colleague is correct that merely claiming damages does not mean that in fact the employer was damaged. Though I somewhat disagree with my colleague as to the overall analysis.

Generally speaking the at will status is a two way street. If it's at will both parties are at will. You may have agreed to give a 90 days notice but this purported agreement needs to be reviewed to determine if it could be a binding contract. In fact, because the at will status applies to both parties, it may override the purported agreement that you may have with your employer.

Therefore, the employer's request presents a conundrum of sorts and this inconsistency needs to be clarified by a review of agreements you have with the employer. You should consult with an employment attorney. In my experience this type of consultation and review of the agreement should not take a long time and therefore would be fairly inexpensive. You can reach me directly.

Roman R. Fichman, Esq.

www.TheLegalist.com

email: Info (@) TheLegalist (dot) com

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