Resigned with 2 weeks notice, employer threatens to sue!?

Question

I resigned with 2 weeks notice to my employer, but my employer is threatening to sue me in civil court, because he claims that I needed to give him more notice than that [because I am an essential employee according to him, the reason for resignation was poor working condition such as improper lighting, smoking indoors, and bad office politics; all of which I had complaint about to him (and other director) ]. My two weeks are not over yet, and he has suffered no damage what-so-ever, and instead of looking for a replacement for me and this other woman who quit the very next day, all he is doing is wasting his time looking for a lawyer. I have already offered to co-operate with him to the extent allowable [under new employment contract, and my own time constraints] for the period of 3 months to help in transition. I have at least one week of unclaimed vacation in this year. And I have only taken 2 weeks off in past 6 years. And one of the director has taken 5 weeks off this year alone.

Actually I didn't sign any contract what so ever. My juristiction is Ontario, where 2 weeks is standard notice period, and smoking is illegal indoors. I have been at this firm for past 6 years. However, over period of last year or so the conditions had started getting really bad. I had sent many emails including the one threatening to leave if the conditions didn't improve. There is no proper lighting in this place. They have bar lighting to maintain the so-called "bar" ambience, and they smoke indoors. My boss used to drink at work too, which also is prohibited under by-laws of the security association we are members of. I actually work as a software developer/architect, and a stock trader both as once. I used to work long hours up to 8 o'clock at night, but I stopped that due to eye-strains.

Answer 1

Unless you signed a non-compete agreement that your new employment will violate, then they have no grounds for anything.
Also, if you signed another type of employment contract, which stated specifically that you must give a certain period of notice before ending employment, then you have to abide by that contract. Otherwise, they again, have no standing.
If they are going to act like as*es about the whole situation, and you already have the new job without needing a reference from them, I'd tell to go stick it and wouldn't help them at all past your two weeks.
Now, of course, that is a personal decision. But my feeling is that the employer is trying to buy himself as much time as he wants (not needs) to hire a replacement. In doing so, he's manipulating you and using coercion tactics.
If you've been there that long, he may think he'll never find a replacement as good as you (which he probably won't to begin with, but over time they'll improve). So instead of looking for a new one and getting started training immediately, he's going to sit back and jerk your chain.
I'd forget them and move on.
They don't have a case for anything, unless you signed something that bound you to that job for a certain amount of time, specified a certain amount of notice to be given, or a non-compete and you're violating that with the new job.

Answer 2

All of this comes down to your current contract. How much vacation time you have or have not used in the past may be moot if your company does not have a policay that allows it to accumulate and be carried over from one year to the next. Similarly, the director's amount of time off has no bearing on you...he may have a different contract.

As for notice..if you were aware that under the new contract you were to allow up to three months transition time, than giving two weeks notice may indeed be in violation. As you do not discuss what you do, it is also possible that your contract stipulates you must give enough time for a replacement to be found if you are in face an essential employee (the term itself makes me think your job is somehow linked to governmet, health care or civic agencies). The first thing you need to do is get a copy of your current contract from HR is you do not have one. If there is no HR, ask your supervisor to show it to you and reveiw the terms. Pay close attention to how the terms can be affected by the reason for termination...it is not unusual for there to be different guidelines for issues involving a relocation because of spouse, illness or other "involuntary" terminations. If your research bears out what you are being told, you will have to suck it up and follow the terms and work until those terms are met. If in fact there are no such terms, put everything you have learned in writing, along with a time line of what has occured in the office (and only items concerning how things have proceeded since giving your notice..no mention of anything else) and send a copy to your director, director of HR and your boss's boss, along with a letter explaining the threats.

Answer 3

If you have a contract you signed this would govern the notice period - although frankly at my place where we do have this in our contracts they are not followed and generally 2 weeks is the practice - because taking someone to court on this is expensive, time consuming and counter productive. It generally takes years to get something minor to civil court

I personally would leave after 2 weeks and not look back (note you will not get a good reference, but would likely not anyways). I would document the work place issues as described above for your files.

One other piece of advice - when you leave cease All communications with your boss or any of your co-workers.

Answer 4

Whether or not your boss has a case depends upon your employment contract. If contractually you have to give more than two weeks notice then yes, you can be sued for the breach of contract. If you are working off contract two weeks should be sufficient notice. Since you boss is lawyering up, you may want to contact you labour board for some free guidance as well as some information as to what your rights are.

Answer 5

You do not have a very nice boss and you have been extremely conscientious in work and in offering to help train a replacement.

I do think that he has a leg to stand on unless there is a written contract that you are in some ways being violated. I would contact your local or state labor department or an attorney to check with them in order to be absolutely certain.

If you do not have to work more than two weeks I would threaten to sue him on the violation of your rights. You can tell him that he is trying to force you into slavery and "involuntary servitude" which is banned by our Constitution unless you need him for a recommendation.

Answer 6

DOCUMENT, DOCUMENT, DOCUMENT! Document everything that you are complaining about, everything that happens, everything that is said, with dates, times, places, who said it, who was present.

You only need to give him two weeks notice, and really, you don't have to give any notice at all. Two weeks notice is not a legality so much as a favour. No one can make you work somewhere you don't want to be. You have free choice in this matter. It is YOUR life.

Let him sue you. He'll be laughed out of court. But make sure you document EVERYTHING that goes on. Be organized. If you do go to court this will reflect well on you. Keep a copy of your letter of resignation, any documentation, e-mails from your boss etc. etc.

Good luck!

Answer 7

Did you sign a contract with him? My employer says specifically I must give 2 weeks notice so I can be reimbursed for saved up vacation time. If you did not sign a contract saying you must give at least like 3 weeks or whatever, you have nothing to worry about.

Answer 8

Any definite answer will depend on where you and your employer are located (state or country), but it sounds like he would have a tough time making a case. You seem to have bent over backward for an employer who created a very hostile work environment. Threats are cheap. Actually filing a claim is not. Don't worry about it, and don't feel you "owe" him anything.

Answer 9

Despite their volatility, trading penny stocks can be extremely lucrative. Here are three ways that you can profit from investing in penny stocks https://tr.im/REuU3

The good news about penny stocks is that you can buy a good amount of shares without going broke. It’s thus easier to get a good stake in a company for less than you would pay for stock of a larger organization. To find a company that you feel confident investing in, make sure to do your research. Don’t just choose a company because you saw an article about it, or because your friend is investing in it.

Answer 10

He doesn't have a case -
In most states you are not even required to give a notice, it's just common courtesy.
It sounds like you have done everything the right way, and if he does decide to continue with the suit, he will be the one who looks foolish.