Legal Question in Employment Law in New Jersey

forcing notice period

My current employer requires that I give them a 15 days notice period while quitting. But they are forcing me to stay for 4 weeks. My next employer may not agree to wait for that long.

What options do I have now?


Asked on 5/30/08, 7:19 pm

2 Answers from Attorneys

John Corbett Corbett Law Firm LLC

Re: forcing notice period

Unless there is something unusual about your contract or work situation, your employer cannot force you to work or to give any particular notice. In some fields, one or two weeks notice is customary and considered a courtesy. In some, it is not.

Sometimes, employers provide an incentive for you to give notice such as offering additional pay or a bonus that is waived if notice is not given. Some other benefits may depend on the circumstances of your departure. However non of that forces you to stay. Even if your employer is paying you somewhat in arrears, the pay for days that you have worked cannot be withheld because you did not give notice. Additionally, you never have to work without compensation. So, if you elect to stay for the 4 weeks, you must be paid for the 4 weeks.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 5/30/08, 8:27 pm
Fred Shahrooz Scampato Law Office of Fred Shahrooz Scampato

Re: forcing notice period

What do you mean they are forcing you? If you are an at-will employee, then you can leave when you want. Unless you previously promised to stay for the 4 week period. Please provide more information.

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Answered on 5/30/08, 8:50 pm


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