A reader writes:
When I started at my current job (an entry-level administrative job, no state secrets here), my offer letter stated that I would have to give minimum four weeks notice when I left or I could open myself up to legal action from the company. I also live in an at-will employment state (New York, if it helps), so technically I could also be dismissed at any time without notice or reason.
Whenever I tell people about this, typically the reaction from friends, mentors or networking contacts is “that doesn’t make sense, they can’t do that/legally enforce that.” I had one mentor suggest that since my job is so low-level and I make a comparatively low salary, even if I did break this rule, my company likely wouldn’t pursue legal action because it would be too great of an expense. I can see that logic, but my company is also very large and wealthy, and they have good lawyers in the legal department. I wouldn’t want to go up against them if it came to that; plus, I would like a good reference from them in the future.
My main reason for writing in is because I’m in the final stages of interviewing for a new job that I’m excited about, and if all goes well I’ll be receiving an offer soon. I’m worried that they’ll balk if they hear that I need to give four weeks’ notice, or that they’ll ask me to start sooner.
Can my employer legally enforce the four-week notice period, and if so, how can I explain that to my new employer?
Some final notes: I would prefer to leave my current employer on a positive note, but I do really want this new job. I also think my current employer would like me to train my replacement if possible, which I understand, however with this being a low-level administrative position I also don’t think it would be a major hindrance if I wasn’t able to do so.
It’s highly unlikely that that’s enforceable.
For it to be legally enforceable, you’d need a signed, written employment contract where both sides agreed to specific terms around separation — which would include your employer making guarantees as well, such as agreeing not to terminate your employment without similar notice to you, or pay in lieu of notice. You almost certainly don’t have that kind of contract, because most U.S. workers don’t (and entry-level admins almost never do).
They could also put in your offer letter that you can’t leave until you’ve supplied them with three drops of your own blood, or the feather of a rare bird. It doesn’t mean you have to do it. An offer letter is just an offer letter; they can change the terms of what’s on offer at any time (such as by cutting your pay, as long that’s not retroactive, or by changing your benefits) and so can you (by declining to continue offering your labor — i.e., leaving).
That’s what at-will employment means: either of you can end the relationship at any time. In fact, look at your offer letter again and there’s probably some language in there about your job being at-will. But even if there’s not, if you don’t have the kind of contact I described above, then you’re at-will, like most American workers.
That said, legal considerations aside, it’s possible there could be other ramifications. Take a look in your employee handbook and other written policies. Some employers have rules that if you don’t give X amount of notice, your unused vacation time won’t be paid out when you leave (if you’re in a state where it’s not legally required). You also might be ineligible for rehire if you don’t give the amount of notice they want. But they can’t stop you from leaving earlier, or sue you if you do.
Of course, you might burn a bridge by giving less notice than they want. But even that is fairly unlikely as long as you handle it well.
When you resign, just give a standard two-week notice. Don’t say anything like “I know you wanted four weeks.” Just give two as if of course that’s a normal and reasonable thing to do, because it is. If they mention that they wanted more, you can say, “Unfortunately the other job was firm on the start date and two weeks was the most I could negotiate.” (Note: it doesn’t matter if this is true or not. In fact, if you can negotiate a start date further out, I’d encourage you to take a week off in between jobs to recharge, not to use the additional time working for your old employer.) This almost certainly happens to them all the time, and they’re well aware that two weeks is the professional standard, and it’s very likely not to be a big deal.
You could also discreetly ask around about how others have handled this. If you have coworkers you trust who have been there a while, ask if everyone really gives four weeks notice or if two is common. You’ll probably hear two is common (and they might even be confused about why you’re asking, because a lot of people don’t even remember what was in their offer letters).
