• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

3 month notice question

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Ddemirci

Junior Member
I wanted to hand my resignation and offer 4 weeks notice. In my contract it says the following:

"You should give 3 months notice after one year of service. Should you give less than 3 months you will forfeit any unpaid salaries"

Does that mean that I'm allowed to give less than 3 months? It sounds redundant to me that I should forfeit any unpaid salaries, why should I expect to receive any moneys if I'm not working for the company any further?

Looking forward to your answers.
 


LdiJ

Senior Member
I wanted to hand my resignation and offer 4 weeks notice. In my contract it says the following:

"You should give 3 months notice after one year of service. Should you give less than 3 months you will forfeit any unpaid salaries"

Does that mean that I'm allowed to give less than 3 months? It sounds redundant to me that I should forfeit any unpaid salaries, why should I expect to receive any moneys if I'm not working for the company any further?

Looking forward to your answers.

If you will notice, that says that you will forfeit any UNPAID salaries, not any unearned salaries. A plain reading of the sentence indicates that you will forfeit anything that they haven't paid you yet, even if you earned it. Hopefully that isn't what they meant, but only they can clarify that for you.
 

Zigner

Senior Member, Non-Attorney
That clause would be unenforceable if it requires the employee to give up earned salary that simply hasn't been paid yet.

ETA: Not disagreeing with you, LdiJ - just expanding.
 

LdiJ

Senior Member
That clause would be unenforceable if it requires the employee to give up earned salary that simply hasn't been paid yet.

ETA: Not disagreeing with you, LdiJ - just expanding.

I know that you were not disagreeing with me. I deliberately didn't say that in my response just in case there was something in the contract that made that part enforceable. I can only imagine slightly nebulous ways that might be possible, but I haven't read the contract.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top