Legal Question in Employment Law in Georgia

Failure to give required notice to employer

My ''Employment Agreement'' I signed with a Consultant said that I have to give 2 weeks notice if I am on bench otherwise 60 days if I am on a project. Last week I got a better opportunity and I left the consultant without giving required notice.

Today he sent me a legal notice asking for $30,000 towards the damage of lost profit , immigration cost etc. The legal notice says that I have to pay this amount in a week otherwise he is going to take me to the court.

Please give me your comments, suggestions etc. If any of you have gone through similar case please share your experience.

Note : My consultant didn't pay me on bench, reduce my salary from project to project.

Any inputs will be really appreciated. Please reply.


Asked on 9/18/03, 9:41 am

1 Answer from Attorneys
Jeff Kent Kent & Merritt, P.A.

Re: Failure to give required notice to employer

A lot depends on the wording of your agreement. It also depends on whether you were an employee or an independent contractor. If you were an employee, then unless your contract says otherwise, you are an at will employee, and you would (generally) be able to leave for any reason without the 2 week notice. If you were an independent contractor, you should be free to take other jobs, as long as you are able to satisfy the conditions of your independent contractor agreement. In either case, the agreement might provide for reimbursement for immigration expenses if, for example, the consultant paid for your green card or sponsored you for a visa.

The best bet would be to show the documents in question to an experienced attorney.

The foregoing is general information only, not specfic legal advice. No attorney/client relationship has been created or should be implied. Consult with your own attorney before taking legal action.

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Answered on 9/18/03, 9:50 am


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