Is there a law that states an employee MUST give out a 2 wks notice prior to resignation?
My boss is making me sign a "contract/ statement" that will require me and my coworkers to give out 2 wks notice...
if I/ we decide not to sign that contract, can he fire us on the spot and does that count as illegal/ can I claim unemployment benefits?
I've tried finding answers on the web but I can't seem to find any answers, so if anyone can give me some real advise/ give me a website I would really appreciate it!
Thanks.
2007-09-12 12:02:04 · 4 answers · asked by Pechapaiq 1 in Politics & Government ➔ Law & Ethics
Yes, in fact, 1 of my coworker just gave out 3 days notice and my boss has threatened "to take her to court" and saying that 2 wks notice is legal "by law".
How can I protect myself from this ecotistic boss?!
2007-09-12 12:24:15 · update #1
The ONLY grounds the employer could possibly have to sue is 'Breach of Contract". If the law actually required notice, there would be no reason to ask you to sign a contract requiring notice. On the other hand, unless you already have a contract with different terms, he can fire you on the spot for NO reason.
2007-09-12 12:59:15 · answer #1 · answered by STEVEN F 7 · 0⤊ 0⤋
He can make you sign it, but it won't hold up. You have an 'at will' relationship with your employer. That means that either one of you can terminate the relationship 'at will'. He doesn't have the right to claim damages or withhold a paycheck in the event that you quit without giving notice.
Write 'under duress' in small print next to your name after you sign it. If he puts up a fight, just say that you can't afford legal advice, so you are making a note that you signed this without having all the facts.
Understand that NOT giving two weeks notice can lead to delays in getting a final paycheck, and WILL result in the loss of some benefits. However, there is NO reason for him to have you sign this document, other than intimidation.
http://en.wikipedia.org/wiki/At_will_employment
http://employeeissues.com/resignation_notice.htm
2007-09-12 12:16:30 · answer #2 · answered by Anonymous · 0⤊ 0⤋
There is no law stating an employee must give 2 weeks notice unless otherwise agreed. However, the employer can make it a requirement if he wants to. If you refuse to agree to it, he can fire you right there, and it would be perfectly legal. No, you couldn't claim benefits.
2007-09-12 12:33:15 · answer #3 · answered by Anonymous · 0⤊ 0⤋
same as laugh every day add your own clause to the contract
as far as him taking anyone to court for this what is he going to sue for to make you come back to work lol its just a threat and he will never follow up on it if his position was solid he would have no need to threaten he would just do.
he sucks as a employer or he would not have to force this issue.
2007-09-12 13:37:58 · answer #4 · answered by Anonymous · 0⤊ 0⤋