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30 Day notice
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30 Day notice
Discuss workforce management, performance management, retention, communication, motivation, contributing to business results and other topics.
To make a long story short:
4 months ago a department of 5 people was moved to a new location 40 miles away.
When the move announcement was made, employees were given an agreement where they could
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Forums » Topic Forums » General Forum » 30 Day notice
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30 Day notice
posted at 9/17/2009 10:01 AM EDT
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Posts: 8
First: 6/28/2004 Last: 9/22/2009 |
To make a long story short:
4 months ago a department of 5 people was moved to a new location 40 miles away. When the move announcement was made, employees were given an agreement where they could choose to work until the move 6 weeks away and then leave the company and receive a severance package, or they could sign and keep their job and move to the new location. In the agreement portion about staying with the company, it said that you agree to give 30 days notice if you decide to quit before 12/31/09. The only consideration the employee was given to sign the contract was to keep their job. From limited understanding of employment law, I do not think this required 30 day notice is valid. Am I correct in this assumption? Thanks |
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30 Day notice
posted at 9/17/2009 10:13 AM EDT
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
Are you the employer or the employee?
Well, whether it is valid or not, I don't see where it is enforcable in an "at will" state. What exactly is the employer going to do if the employee doesn't give 30 days notice? I know some companies (in some states where it is legal) that without vacation payouts if inadequate notice is given, but the employer can NOT withhold final pay. The best thing I can tell you is to run the agreement by a local labor/employment attorney -- whether you are the employee OR the employer. Only they can read the agreement and tell you for sure. |
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30 Day notice
posted at 9/17/2009 10:34 AM EDT
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Posts: 8
First: 6/28/2004 Last: 9/22/2009 |
State is Arizona.
I am one of the 5, but another is the one considering leaving (or going to get terminated - the move was not good for her). I was in HR several years ago, and from what I know, it is not enforcable. I am curious on how this is going to play out. |
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30 Day notice
posted at 9/17/2009 11:58 AM EDT
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Posts: 3870
First: 2/12/2002 Last: 11/2/2009 |
I'm not sure what part you're saying is unenforceable.
If it's the requirement to give 30 days notice, that'd only be enforceable if there was a quid pro quo for that. For example, if there were a bonus contingent on the 30 day notice, that'd be enforceable - the company wouldn't have to pay the bonus. But if an employee quit with only one day notice, what would the employer do? As noted above, it's employment at will - either party can quit at any time for any {legal} reason with or without notice. |
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