Can an employer require 90 days’ notice? Well, first, you need to determine if you have signed an employment contract or not. And then does that employment contract contain language that states you must give 90 days’ notice? When an employee signs an employment contract, there will be a section that’s called termination, and then it will list the ways the contract can be terminated. There are four ways: generally, a contract can be terminated either the agreement just ends after a certain period, and it’s not automatically renewed. It could be terminated through mutual agreement. It could be terminated for cause, so if one of the parties breaches the contract, the other party usually has the option to terminate the agreement or without cause termination. And this will be the section that will state whether you must give 90 days’ notice or not.
Without cause termination is also called for no good cause or no good reason. Without cause, I think, is the most common term used. In that section, it will state that either party can terminate the agreement at any time for any reason, with a certain amount of notice to the other party. If that notice states you must give 90 days’ notice to terminate the agreement without cause, then yes, you must give 90 days’ notice. Anywhere between 30 to 90 is kind of like an industry-standard amount. If you are in a job and you haven’t signed an employment contract and you haven’t signed binding letter of intent, if the employer simply asks that you provide 90 days’ notice, you don’t have to give 90 days’ notice.
I mean, in the professional world, if there isn’t an employment contract that’s been signed and it’s not specified how much notice is given, two weeks’ notice is kind of the industry standard as far as what would be a professional amount of time. But if the employment contract states, you must give this amount of notice and you don’t, you are in breach of contract and you could potentially be sued for several things. One, recruitment fees if they must get a recruiter to replace you, lost profits, maybe they paid for licensure, credentialing, privileging, any kind of continuing education, maybe a signing bonus, or relocation assistance. You must give the proper notice if it’s in the contract. Some language will be in an employment agreement that even specifically says, if you fail to give the full amount of notice, you owe us this amount of money. Other blogs of interest include:
And normally, that would be whatever the daily rate for the professional is, how much they get paid per day. If you had a 90-day notice requirement and you only gave 30 days, then you owe them 60 days of compensation, which for some people can be a substantial amount of money. Yes, the employer can require 90 days’ notice, but only if it’s in the employment contract, or if it’s a binding letter of intent. Now binding letters of intent, binding offer letters are very rare. Normally, they are not binding. It would have to have specific language that states, this is the entire agreement, these are the terms or conditions of the employment relationship. But just so you know, it is very rare. So, normally, if it was 90 days’ notice, it would have to be through an actual employment contract that went through all the terms of the employment relationship.
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