Legal Question in Employment Law in Massachusetts

Notice Period

My company floated a new agreement requiring to serve a one month notice or pay $5000. There is also a new non compete agreement. Both the agreements were accompanied with a modest pay hike and it says that I need to sign the agreements to get the revised pay.

I did not sign and resigned (2 weeks notice).

Now they say even though I did not sign, it is a company policy and I need to give 1 months notice ..... HELP .... My contract at the time of joining says At Will employment with 2 week notice


Asked on 7/27/07, 1:21 pm

1 Answer from Attorneys
David Conforto Conforto Law Group

Re: Notice Period

Thank you for your inquiry. As background about ourselves, Conforto Law Group is a boutique Boston law firm specializing in employment law and committed to the representation of employees.

Regarding your question, because there is a presumption that employment in Massachusetts is at-will, you may resign at any time without giving any notice and without consequence.

The wording of the Company's purported policy is probably not sufficient to create a contract that overcomes the at-will presumption. However, it is difficult to know for sure without reviewing the language of the policy.

Please feel free to contact me directly.

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Answered on 7/27/07, 2:55 pm


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