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Opportunity to give notice closing before New Contract being issued - now what?

Provided by:  Jennifer Kirschenbaum, Esq.

May 23, 3017

 

Question:

Hi Jennifer, 

Quick question- My contract for my current place of work ends in the fall and I haven't been presented a new contract offer yet. My concern is that I have to give 180 day notice to leave and they plan on changing a lot of the terms of the contract. I have asked them multiple occasions for the new contract draft or a term sheet. This time last year they already had a proposed updated contract.   If I wait and I don't give notice, can I have a problem that I didn't give my 180 notice?  What should I do? 
 
Thanks,
Dr. O



Answer: 

Hmmm...well, without looking at the agreement I can only posture - that the agreement expires in the fall and there is no auto renew provision.  That will be our first assumption.  If that is the case, technically at that point in time you would revert to an employee at will - unless the employer has or at that time implements another policy you are required to sign off on, or you sign a new contract - so then you could leave on no notice.  Banking on the expiration and eventual "at will" status doesn't seem the safest bet. Sounds like the employer, given past performance, will eventually get its act together and issue a new agreement.  It would best if this happened BEFORE your notice period expired.  I am not sure whether you have penalties for failing to provide proper notice (second open item).  If so, you will be in a very tough negotiating place. 

Best bet - push the employer for terms now - hard - before the time frame expires for you to give notice.   As a side note - on the next contract, ask for 90 day notice period...

Happy to discuss specifics with a copy of the current contract in hand.  


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