QUESTION
Is 60 day notice enforceable in GA?
Asked on Aug 16th, 2018 on Labor and Employment - Georgia
More details to this question:
I signed a two year contract in April 2018 with an employer, as a salaried employee. They made salary promises that they did not follow through with, so I gave my two weeks notice on Tuesday. In the contract it states that I have to give 60 days notice before contract renewal, if I no longer want to renew the contract. My employer is saying that I am in violation of that 60 days notice, but my contract is not up and there is another section that stipulates that the agreement can be terminated by either party, and guidelines on what to do in that case. GA is an at-will state, can they enforce this contract? I am concerned that they will not pay me at all, and I have 2 more paychecks to receive as I get paid monthly. There is also another section that says I have to close out all files, notify insurance companies, etc. before I will get my final check.
1 ANSWER
Labor and Employment Attorney serving Atlanta, GA
2 Awards
I would need to read the employment contract that you signed to give you any competent advice on any contractual restrictions to your resignation. The actual words make the difference. Also, if they breached the contract by not giving you pay increases (again, it matters what the contract actually says) they cannot successfully sue you to enforce the contract that they broke first.
However, without a contract you are employed at will, you can be terminated at will; and you can quit at will.
They must pay you in full for any time that you actually worked, regardless of their file close out requirements.
You really should get a lawyer to help you with this one.
You can reacme at (404)979-3154.
Michael A. Caldwell
Answered on Aug 17th, 2018 at 8:48 AM