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Can I resign without notice?

Discussion in 'General HR issues' started by uma.singa, Nov 9, 2010.

  1. uma.singa

    uma.singa Junior Member

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    Ron,

    My question is somewhat similar to the one raised by the users above.

    I am currently on H1B working for a consulting company and I have signed an employment agreement with my present employer that states that:

    "Contractor shall provide the company with two weeks prior written notice of contractor's intention to terminate any assignment received from the company. Contractor understands that the client or the company may reduce the length of any assignment at any time. Therefore, no advance notice of termination of an assignment from the client or from the company is required. It is understood that, subject to the aforementioned notice provisions applicable to contractor, employement is at the mutual consent of both contractor and the company."


    Also, my company has been giving hard time to people who give their 2 weeks notice before relieving them. I am thinking of resigning without notice to save the agony of being ill-treated during the final 2 weeks. can the employer insist that I give the 2 weeks notice or take legal action against me as I had signed the agreement.

    Thanks a lot for your help in this regard.
     
  2. ivandean

    ivandean Junior Member

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    Re: Can I resign without notice?

    Best solution:
    if you have vacations (or try to accumulate vacations prior to quitting), put in request for vacation days. Once it is approved, wait until the date comes and quit on that day.

    Otherwise, you have to stay two weeks with company before leaving.
     
  3. uma.singa

    uma.singa Junior Member

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    Re: Can I resign without notice?

    Hi,

    Thanks for the response. Even if it take vacation, eventually I would be quitting without notice..right? ..Does that not pose a problem. Also, the notice period clause appears to be one-sided. Is it not against the US Labor law provisions to have such clauses in the contracts?

    Please advise.
     
  4. dannya

    dannya Junior Member

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    Re: Can I resign without notice?

    My advice would be filing for formal resignation but state that it would be urgent, state something like this " I hereby tender my irrevocable resignation effective today" then state your personal reason etc. I strongly think this is possible although the company has informed their employees that 2 weeks notice is needed for resignation. If you're going to state a valid reason maybe health issue then there wouldn't be a problem, I'm speaking not as an expert on this but as someone who've been through the same situation.










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  5. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: Can I resign without notice?

    Unless your contract specifically requires notice, you do not have to give it. As a matter of courtesy, however, you should always give notice whenever possible. If, after giving notice, they treat you badly, then just quit on the spot and let them know that you wanted to do the right thing but since they were being jerks about it, you are leaving immediately.
     
  6. h1btiered

    h1btiered Junior Member

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    Ron,

    I am also in the similar boat. Could you please clarify. I signed an agreement with my employer when filed the H1b. Now I am getting another offer where I need to join in 2 weeks. As per my agreement with current employer, it says at-will and at the same time it says I need to give 4 weeks of notice otherwise 10k damage fee to be paid. I am working in TX. please let me know if I give only 2 weeks of notice would that be causing legal issue in the future.
     
  7. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You need to consult with a labor law attorney in Texas to see if the contract provision is enforceable.
     

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