How to Leave a Job Without Legal Exposure
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Employment at will means you can be fired for any lawful reason. It also means that generally you can choose to end the relationship for any reason. There are times, however, when how you handle that decision can have an effect on your risk. It is also important to understand the situations in which you may not be as free to walk away as you think.
Below are some of the situations you may encounter, as well as best practices for handling your resignation. |
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Managing a Non Compete When You Leave a Job
The most common problem we see with people resigning from their jobs is a non compete. Whether your non compete is enforceable depends on a variety of facts, which you can learn more about on our non compete agreement page.
If you are resigning and have a non compete you should talk to an employment lawyer about managing your risk. In addition, as a practical matter, how you handle your resignation can have a big impact on your risk under your non compete.
Once you decide you are leaving the company, you should make sure you do not have confidential company information on your personal computer or at your home. Being able to confirm easily that you have no confidential information can help ease many employers' concerns.
Do not download documents to a usb drive or a disc. Many people do this innocently as a way of preserving personal information they have stored on a work computer. You need to remember that all your employer sees is a download of data. They do not know it is pictures of your vacation, or emails with your spouse. When they see a download, they may assume you are taking trade secrets or confidential information. This suspicion, however unfounded, can lead to unintended complications in your transition.
If you are resigning and have a non compete you should talk to an employment lawyer about managing your risk. In addition, as a practical matter, how you handle your resignation can have a big impact on your risk under your non compete.
Once you decide you are leaving the company, you should make sure you do not have confidential company information on your personal computer or at your home. Being able to confirm easily that you have no confidential information can help ease many employers' concerns.
Do not download documents to a usb drive or a disc. Many people do this innocently as a way of preserving personal information they have stored on a work computer. You need to remember that all your employer sees is a download of data. They do not know it is pictures of your vacation, or emails with your spouse. When they see a download, they may assume you are taking trade secrets or confidential information. This suspicion, however unfounded, can lead to unintended complications in your transition.
Reimbursement of Signing Bonus, Training Expense, or Moving Costs
Sometimes an employer will pay a signing bonus or agree to reimburse moving expenses as an inducement for you to accept the job. It is common in these situations for the employer to get an agreement to pay those amounts back if you leave before a certain period of time.
Generally, these are enforceable agreements unless they are unreasonable on their face. However, the employer must follow proper process to recoup these expenses. In most circumstances, it is not lawful for the employer to withhold some or all of these amounts from your final paycheck.
Further, if you are considering leaving before the agreed time period, it is likely that something is not going well on the job. You should think carefully about whether your decision to leave is related to something the employer promised that they did not do. If that is the case, you may have an argument that the employer breached the agreement, meaning you do not have to hold up your end of the bargain.
Generally, these are enforceable agreements unless they are unreasonable on their face. However, the employer must follow proper process to recoup these expenses. In most circumstances, it is not lawful for the employer to withhold some or all of these amounts from your final paycheck.
Further, if you are considering leaving before the agreed time period, it is likely that something is not going well on the job. You should think carefully about whether your decision to leave is related to something the employer promised that they did not do. If that is the case, you may have an argument that the employer breached the agreement, meaning you do not have to hold up your end of the bargain.
An Employment Contract With a Notice Requirement
If you have an employment contract, it may require that you give a certain number of weeks notice. This is theoretically an enforceable obligation. In reality, there is not a lot your employer can do to enforce it. Courts are almost universally reluctant to force someone to continue working. It is also unlikely that a breach of a two to four week notice provision will cause the kind of damage that would make it worthwhile for your employer to pursue.
However, we have seen situations where employers have tried to enforce a fixed term of employment or longer notice requirement. If you have a provision you think your employer might try to enforce, it is a good idea to speak with an employment lawyer before giving your notice.
However, we have seen situations where employers have tried to enforce a fixed term of employment or longer notice requirement. If you have a provision you think your employer might try to enforce, it is a good idea to speak with an employment lawyer before giving your notice.
Practical Considerations When Leaving a Job
Most legal risk on either side can be dramatically reduced by maintaining goodwill in the process. This is true when an employer terminates an employee. It is equally true when you turn in your resignation. There is also business reality to consider. Any time you can leave a job on good terms you will only be helping yourself by leaving positive relationships in place.
- Make sure you conduct your job search off company time and on personal email. Many employers occasionally monitor employee emails. They have a right to do this, and most often it is not because they are spying on you. They may be monitoring for legal compliance, quality assurance, or any number of reasons. If your employer learns of your search before you have a job lined up and give your notice, it can create all kinds of problems for you.
- Try to give reasonable notice even if you are not required to. Your employer may not accept the notice- sometimes employers do not want a "lame duck" employee continuing to have access to company information and employees. But if they feel they need some time to transition assignments, it is a courtesy that will be appreciated.
- If your notice is accepted, use the final weeks to either wrap up projects that are on your plate or document what still needs to be done.
- Try to agree with your employer about the message for customers and coworkers, and stick to that message when speaking with people about your decision.
How Our Employment Lawyers Can Help
If you are considering leaving your job and have questions or concerns about the legal risks of that transition, we can help. We will help you assess whether you have any risk of suit from your employer. We will also help you make a plan for minimizing that risk. You can use the button below to schedule a call back from a member of our team, or give us a call at 781-784-2322.
