employment at will when the employee quits

Most questions about at-will employment talk about firing people. My question is about quitting.

I just quit my job this morning. In the contract I signed last spring, it states that I have to give one month notice (language below). When I told my employer that I couldn't give a month because my new job started sooner, she threatened to sue me. From there the conversation got ugly, and I ended up quitting on the spot. My question is: does she have any legal basis for suing me? I work at a private, non-unionized, for profit firm in Vermont.

The contract states:
should an employee decide to terminate his/her employment with the company, written notice of intent to terminate will be given at least one month prior to the final departure date. During that time, the employee should be prepared to make arrangements to finish all tasks on hand and/or to provide a detailed record of tasks still outstanding/to be done. Further, the employee is expected to make arrangements to train his/her replacement, whenever it is mutually convenient for all concerned.

2 answers  |  asked Jan 22, 2002 11:03 AM [EST]  |  applies to Vermont

Answers (2)

Roger E. Kohn
quitting

Neil,

From what you describe, it is possible your employer could sue you, but this would be most ususual. If you would like to discuss your situation, give me a call at 802-482-2905

Roger Kohn
Kohn & Rath

posted by Roger E. Kohn  |  Jan 23, 2002 4:48 PM [EST]
Herbert G. Ogden
Suit against quitter

From the facts you provide, the employer may be able to sue you for whatever damage your resignation causes it. If the contract says more about how to calculate damages, or makes the loser pay the winner's attorney's fees, that would be important. What I don't know, however, is whether the notice provision is enforceable, because I don't know whether the employer gave something in return. For example, if the employer kept the absolute right to fire you whenever it pleased, it might not be able to enforce the notice provision against you.

posted by Herbert G. Ogden  |  Jan 22, 2002 11:10 AM [EST]

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