Legal Question in Employment Law in Oregon
Giving Notice to Employer Per Contract
I work for a sole proprietorship, have worked there 3 1/2 years, and when I was hired I signed an employment agreement which states (among other things) that if I decide to leave the job I have to give 6 months' notice. I regret signing the agreement for a number of reasons. The boss is erratic (and getting worse), expects employees to do his personal errands, mow his lawn, etc. He also doesn't pay overtime and discourages 10-minute breaks. I want out as soon as possible, but the 6-month clause makes quitting the job a huge risk, since there's no way I can have another job lined up. I'm a single mother & need a little more security than that. Is the 6-month clause enforceable, or can I find another job now and give two weeks' notice?
1 Answer from Attorneys
Re: Giving Notice to Employer Per Contract
The enforceability of a personal services contract is a complex matter. One must evaluate whether te contract was valid when it was entered into, whether the employer may have breached the contract and thereby voided your obligations, whether the employer will suffer any damages if you fail to comply with the contract, and any counterclaims you might have to a breach of contract claim by your employer.
From the content of your message, it appears you have have a wage claim, an overtime claim, and other potential claims. You should consult an attorney about your situation.
The above does not constitute legal opinion and is offered for the purposes of discussion only. The law differs in every jurisdiction, and you should not rely on any opinion except that of an attorney you have retained, who has a professional duty to advise you after being fully informed of all the pertinent facts and who is familiar with the applicable law.
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