Legal Question in Employment Law in New York

Forcing me to Give 3 months notice after I've resigned

I had to sign a 3 month notice of termination of employement to receive my promotion last year. Now that I've found a new job, I have resigned but they are insisting I work for the 3 months. My new employer is not pleased. Is this legal or ethical? I am willing to hire an attorney if necessary.


Asked on 8/11/08, 9:04 pm

2 Answers from Attorneys

Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Forcing me to Give 3 months notice after I've resigned

It is if you agreed to it. What was the time period for notice specified in your contract ? Without a written contract, two weeks is usually sufficient. If it was a month or more, and you agreed to extend it in return for the promotion, technically you entered into a new contract when you accepted the promotion to remain 3 months.

Was that agreement in writing?

I need to know more details, but would be happy to assist.

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Answered on 8/11/08, 10:10 pm
Bunji Fromartz Fromartz Law Offices

Possibly termination clause changed in contract

If you agreed to change the termination clause in your employment contract, you have to stay or make another arrangment with your present employer.

If you actually signed a resignation notice good for three months but it was undated then the time period ran from the time you handed in the three month notice.

There may be the possibility you were forced into the signing and it could invalidate the notice provision. Additionally you may have conflicting clauses in your employee contract or in the employee handbook(s) if any.

You need to have the papers you signed, your discussions with your office and the contract of employment reviewed by an attorney to receive the proper answer. I would not feel comfortable with you relying on the above without such a review as all the facts are not complete.

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Answered on 8/12/08, 11:35 am


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