As an experienced White Plains Employment Attorney I often have people coming to me with various forms of agreements some of which may contain severance clauses. Some of those severance clauses may have a notice provision requiring the employee to give a particular number of days or months prior to terminating the employment and sometimes the employee has been offered a wonderful job and wants to leave without that 60 days notice.
The question is whether he or she can collect severance, The first thing we do is review carefully what the agreement says and what the terms are. If it’s true that the agreement actually states that you must give 60 days notice in order to obtain severance, what we would do is have some sort of negotiation with the current employer because there is a contract and negotiated resolution. The only way that the employee is going to be able to get that severance is through a lawsuit.
Do you have questions about risking severance from resigning early? If so, contact the experienced White Plains Employment Attorney Jane Gould.
This informational blog post was provided by Jane Gould, an experienced White Plains, New York Employment Attorney.