NY State employment question-notice of resignation (income, military, law)

[latikeriii]

Hello,

Normally, I would put this in the employment section but this is more of a NY state specific question.

My wife got a new job offer and she is scheduled to start in 3 weeks. She told her current job today that she'll be resigning in 2 weeks. Today, she read her contract and it states that is a no-work clause but at the bottom, it says that she must give a 4 week notice of resignation. The contract did not state any consequential action if she didn't fulfill the 4 weeks but she is worried that if she doesn't honor the 4 week notice of resignation, that she'd be sued. Now, she signed a contract but this doesn't sound legal.

She is worried because her boss could be vindictive since they are really short-handed. I thought that it's NY state law that no longer than a 2 week notice is required. I told her that since her company is fairly small that they wouldn't spend their money(legal fees) and energy suing her. She is also worried that they'd withhold her pay but the contract doesn't mention it. I told her to just quit in 2 weeks and don't worry about the consequences because its illegal but I could be wrong. Also, the new company has much more growth potential, better income, and less hours(45-50 compared to 80+).

What should I recommend she do? Honestly, I don't think she should push it and ask the new employer to push back her start date because they'd probably rescind her offer. The new company actually wanted her to start even earlier than her official start date as she had to negotiate for it.

Any advice would be appreciated.

Thanks,

[newyorker24]

She just needs to talk to the employer about it. Many times if you do not give the required notice they will say your accrued vacation will not be paid out. If they sue her, what are they going to ask for? Specific performance?

[latikeriii]

Thanks, more advice please?

[latikeriii]

This sounds like B/S. I don't think this is even legal. This is from her contract.


B. The Employee agrees that if she resigns or the Company terminates her employment, the Employee shall
immediately give written notice thereof to the Company, and, after receiving notice, whether or not the notice is in writing,
the Company shall have the right to:
(1) continue the Employee’s employment for a period of 120 days by paying the Employee’s base salary and
benefits and relieve her of any active work during that 120 day period; or
(2) declare that the Employee’s resignation or termination will take effect immediately.
The Company will notify the Employee which option it will choose within ten (10) days of its actual receipt of said written
notice.
For purposes of this Paragraph VIII (B), if the Company elects option (1), the Relevant Date, as referenced in Paragraph VIII
(A), will be the 121st day. During the 120-day period, the employee shall not become employed elsewhere. If the Company
elects option (2), the Relevant Date, as referenced in Paragraph VIII (A), shall be the effective date of
termination/resignation.

EMPLOYEE INITIAL ________ Rob Shannon ________ Anita Sundaram ________

Paragraph VIII (B) is in no way intended to conflict with, alter, modify or amend the Employee’s status as an At-Will
employee as described in Paragraph IX, below.
The provisions of this Paragraph VIII shall survive the termination of this Agreement for any reason whatsoever.

VIII. Notice of Resignation / Employment At-Will.
You agree to provide the Company at least four weeks advance notice prior to termination your employment with the
Company, which notice requirement may be waived by the Company. You understand that notwithstanding your obligation
to provide notice to the Company as set forth in the previous sentence, your employment at at-will and subject to termination,
with our without cause, with or without notice, at the full discretion of IQPC. This Agreement specifically sets forth your
immediate terms and conditions of employment which can be modified without notice based on changes in employer
policies, procedures and/or practices.

IX. Severance.
The Company does not provide severance pay.

[StreetBAller85]

you cant get sued for quitting voluntary employment it isnt the military