Is it possible to quit my job without giving 90-days notice required in the contract?
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Is it possible to quit my job without giving 90-days notice required in the contract?
According to my contract I need to give 90-days notice before quitting my
job. I am wondering if it is possible for me to give only 30-days notice and
leave the current post as the contract doesn’t specify a penalty for not giving
the 90-day notice. The specific wording of the contract is as follows
‘Employment under this Agreement shall continue in effect until terminated by
either party. Employment shall be considered at-will, which means that either
party may terminate this Agreement for no reason or for any reason not in
violation of state or federal law provided, however, that a if the employer
wishes to terminate this Agreement without cause, then he must provide 90 days prior written notice to Group and, b if Group wishes to terminate this
Agreement without cause, Group must provide 90 days prior written notice to the employer
Asked on August 13, 2018 under Employment Labor Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
When there is no penalty provided, the other, non-breaching party could sue the party which violated the contract for any damages, losses, costs, etc. they provably occured due to the breach. Example: say your quitting with less-than-required notice, thus reducing their chance to replace you or otherwise accommodate your departure, causes them to miss a deadline on a project and incur some loss or penalty--they could potentially sue you for that. Or if they have to hire some temp or freelancer at a premium to cover your work for an additional 60 days, they could sue you for the difference between what they paid you and what they have to pay the temp or freelancer.
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