Legal Question in Employment Law in Georgia

Breach Of Employment Contract/ Failure To Notice

My ''Employment Agreement'' says that I have to give 2 week notice before I leave the company. But I failed to do so. Now my employer is planning to file a case against me. What can I do ? My Employer was not paying the salary he promised in Employment Agreement. He also didn't pay the money for my overtime work, never gave me any vacation( which he mentioned in Agreement).

So please suggest me what can I do and who's position is more strong, my position or my employer position ?

Thank you for your help.


Asked on 9/14/03, 3:03 pm

1 Answer from Attorneys

Jeff Kent Kent & Merritt, P.A.

Re: Breach Of Employment Contract/ Failure To Notice

Except in limited circumstances, an employer cannot force an employee to work out a two week notice. However, if the failure to work the final two weeks causes damages to the employer (such as leaving in the middle of a project with a deadline so that the employer is forced to spend extra money in overtime to complete the project on time), the employer theoretically could make a claim against the employee. That would be pretty rare, however.

It also sounds like you might have potential claims against the employer. If you were not paid what your employment agreement required, you might have a claim for unpaid salary. Similarly, if you were promised a set amount of vacation in the employment agreement and were denied the use of that vacation, there might be a claim. As to overtime claims, that will depend not only on your employment agreement but also on whether you would be classified as a "non-exempt" employee under the law. Such determinations are dependent on your job duties, your method of pay, and (in some cases) the type of employer.

All of these claims are heavily dependent on the specific facts of the case. You might have great claims, or you might have no claims at all, but I cannot tell you which without additional facts.

Please feel free to contact me if you have questions.

The foregoing is general information only, not specific legal advice. No attorney/client relationship has been created or should be implied.

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Answered on 9/15/03, 6:54 am


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