Thread: Breaking 30day resignation period?

What is the worst penalty that can be opposed on me if I have to leave my employer before the 30 day contract resignation period has finished.

My employers contract states that I have to give a 30day resignation period but it does not say what the penalty is if I break that clause

For future jobs when you give this company as a reference this may be noted. Otherwise you may want to contact an attorney in your state who is versed in contract and labor law for a quick consultation to see what the downside is.

There is no way we could know the intent of the employer. When the contract is silent on the "penalty" related to violating that clause, I would imagine case law might come into play, i.e., what have courts decided in the past. An attorney in your state would obviously be the best person to research that, but don't expect one to research it for free.

Is it really so bad there you can't give 30 days' notice?

bookmarked and b back l8er,i need more info, :-)

I was in the same situation last year. I think we have to stick on that. Breaking some rules inside the company might give a not-so-good record.

If your employer does effectively "fire" you for quitting with ample and proper notice, you can still legitimately say that you resigned, such as on job applications and during interviews.

Increased penalties

Overtime and other wage and hour claims in California are subject to stringent penalties, sanctions and other hidden dangers. Most employers do not realize that a failure to pay overtime results not only in an obligation to pay the overtime owed, but also in owing various “break the bank” penalties, sanctions and often employee-biased calculations.

Among the new penalties is California Labor Code §2699. Effective Jan. 1, 2004, the law has a significant effect on California wage and hour claims. It also contains an attorney’s fees provision that provides an additional means for an employee to force an employer to pay any incurred attorney fees. Senate Bill 796, now encoded at California Labor Code §2699, was authored by Sen. Joseph Dunn (D-Garden Grove).

Also known as the “Labor Code Private Attorneys General Act of 2004,” Senate Bill 796 was added to Part 13 of Division 2 of the California Labor Code. While there is no indication that this law is deemed retroactive by the legislature, it will likely be a familiar sight in all new employee claims against violating employers.

First, California Labor Code §2699 (SB 796) provides, in part, for significant new stringent penalties against employers who fail to abide by employment laws. The amount of the penalty depends on the number of employees. Specifically, whenever a business owner violates a labor code for which another civil penalty is not specifically provided, there is a civil penalty of $500 against any business owner who does not employ one or more employees. If the business owner does employ one or more employees, the civil penalty is increased to “one hundred dollars ($100) for each aggrieved employee per pay period for the initial violation and two hundred dollars ($200) for each aggrieved employee per pay period for each subsequent violation.”

This is a significant additional penalty that will be imputed to employers.

Second, the law contains an attorney’s fees provision. Specifically, California Labor Code §2699 provides that “(f) . . . Any employee who prevails in any action shall be entitled to an award of reasonable attorney’s fees and costs.” This provides an additional means for an employee to force an employer to pay any incurred attorney fees.

Finally, the new law allows an employee to act as a private attorney general. This means that an employee can seek damages directly from an employer, which would normally only be available to a government agency or maintain a private legal action against a private employer who violated California wage and hour laws. This remedy is only available if no government agency has yet sought citations against the employer for the same violation. Additionally, this remedy is considered an alternative remedy. In other words, an employee can seek other remedies separately or concurrently. These penalties are specifically in addition to any other penalties provided pursuant to the statute itself.

The reasoning or legislative intent behind this provision would appear to be that government agencies simply do not have eyes in the back of their heads, nor do they have the time and resources to pursue all violating employers. As such, the legislature is calling on individual employees to assist the agencies in their efforts.

In sum, California Labor Code §2699 primarily renders three new results as follows:

* Increased civil penalties;
* Additional attorney’s fees provision; and
* Private attorney general provision.

Breaking 30day resignation period, different organizations have differnt policies for the employees they are working there. But if you'll politely insist to human resource department of the organization, there could be a hope for the same but its only a level.
Anyways, just go through the process and confirm it from your company's hr department.

Regards,

Different organizations have different policies, They penalize differently.

The most concerning thing is that this will be noted by the company you may prefer to join later

You should have an attorney review this, but it looks to me like the 30-day notice might apply only AFTER the agreement expires. Honestly, an attorney can interpret this best.