Can my employer opt out of contractually required2 months noticeif my position being eliminated due tofinancial reasons?

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Can my employer opt out of contractually required2 months noticeif my position being eliminated due tofinancial reasons?

According to my contract at work, if I am let go (as long as it is not for ethical reasons), I am supposed to be given a 2 months notice. I was just given a 3 week notice due to financial reasons. Can they do this since it’s for financial reasons or do they still have to give me 2 months notice?

Asked on February 13, 2012 under Employment Labor Law, West Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

An employment contract, like any other contract, is enforceable as per its plain terms. It would certainly be legal for a contract to say that shorter notice is permitted in times of financial distress; however, from what you write, that is not what the contract says. If the contract requires 2 months notice save in the case of ethical violations, then you have to get 2 months notice even if the position is being eliminated for financial reasons. You should be able to sue to recover the additional 5 weeks pay, if they do let you go after 3 weeks.


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