Legal Question in Business Law in Pennsylvania
Separation from Employer
Hi,
My husband tried to resign from his employer of just 2 months today. He gave two weeks notice and they have both agreed that he can not successfully complete the job requirements due to lack of experience and training. The employer is verbally abusive and very unprofessional to him. The employer is trying to enforce a 4 week notice of resignation that was in his offer letter. That seems like an unreasonable amount of time given he has only been employed 2 months. No extra compensation was given to him in his contract for this excessive notice requirement. There have been 8 people in the postion in 4 yrs. Does he have to give four weeks notice or is two good enough?
Thanks!
2 Answers from Attorneys
Re: Separation from Employer
You asked about separation from an employer.
Pennsylvania is an "at will" employment state. Unless there is a binding contract then either the employer or employee may terminate the relationship at any time subject to certain conditions. An employer cannot terminate for any reason that is unlawfully discriminatory. An employee can reason for any reason at all. An employer must pay an employee for all time worked and when notice to resign is given must pay through the end of the notice period up to two weeks. Many employers will "walk" an employee as soon as notice is given for personnel and security reasons. But the employers still must pay out the two weeks notice if such is given.
An employer generally cannot enforce a personal contract other than to prevent an employee from working for another employer within the bounds of the contract.
An employee does not need to take any abuse and should not do so. Such may provide grounds for other actions. Finally, an employee has rights to take certain benefits with them when they leave if an employer is covered by specific laws.
It is always helpful to speak with an attorney when navigating treacherous waters in order to avoid the most common dangers and salvage the most out of a bad situation.
Hope this helps. Feel free to contact me regarding this or any other legal problem.
Regards,
Roger
Re: Separation from Employer
Does you husband have a contract with his employer? If so then he should read the contract. If there is no contract there is nothing keeping your husband at his job. He does not have to give any notice at all. Of course, leaving without notice would look bad to any future prospective employers.
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