So I know that you legally have to give 30 days notice to a job if you resgin and that the company can sue you if you give less. My question is if you accept a contract, but haven’t started working, does that still apply?
I’ve accepted an offer for a job set to start sept. 1st, but I’ve also entered the interviewing process for my dream job, meaning I might have to turn down the contract I already accepted. If I haven’t started working that contract, do I still have to give 30 days notice? Or if I were to get an offer, say, August 14th, could I still start the new job sept 1st.
Hope that’s clear. Thank you for your advice!
6 comments
Legally, yes they can sue but I imagine it’s not worth their trouble to do so for someone that hasn’t started.
Practically, just as much as employers can rescind offers on people that have not yet started, applicants can cancel their acceptance as well.
They’re not going to sue you, so it’s a matter of courtesy. As soon as the other position is locked up/signed, notify them immediately so that they can make arrangements as soon as possible at no cost to you.
Yes, it still applies. If you already signed the contract, then you need to give 30 days notice to avoid drama.
The law is two weeks notice (not 30 days)
Unless your contract has a fixed end date, in which case you cannot quit without extenuating circumstances, *unless* it’s been more than a year since you started *and* your contract period extends for more than a year.
One thing to be careful of is if your rules of employment state that you must give notice X days prior to leaving the company. In that situation, there’s not a clear precedent for giving preference to one or the other (legally defined minimum vs rules of employment employment), but the chances of:
– the company suing you
*and*
– the company winning
*and*
– the company proving any significant damages
is basically zero.
> So I know that you legally have to give 30 days notice to a job
Two weeks, not 30 days.
30 days is what is considered common courtesy.
> My question is if you accept a contract, but haven’t started working, does that still apply?
You still need to give a two week notice, I believe, but that begins from when you accept the contract.
As long as you back out at least two weeks before the other job begins, you’re golden.
Legally it depends. If you’re on a permanent contract or after 1 year/1 contract renewal the period is 2 weeks. Otherwise it’s what is in your contract.
As others have mentioned unless you’re a very high level executive the reality is the amount they could recover is so much lower than the cost of suing it’s an empty threat.