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Jaime Kikpole wrote:
Sorry for the off-topic post, but I could really use some advise.
My job just asked me to sign an employment contract for the first
time. There is a clause that requires that I give 30 days notice if I
switch to another job. That was *after* talking them down from 60 days.
My superintendent claims that this is standard practice, but I've never
given more than 2 weeks notice at any other job. (Usually even less.)
Is anyone else under a contract like that? Any feedback is appreciated.
Thanks in advance,
Jaime
I got to talk to the ITT lawyers writing theirs back in the 80s. Turns out I was the first person to object to the "standard" and the lawyer and I talked at length about this. I came to be his in house IT "consultant" when he ran into technology things he didn't understand.
Anyway. In general this applied to the US then but there were and are local variations for states but since you're signing an agreement contract law comes into play.
1. Asking an employee to sign something more restrictive than before (and if before was nothing then anything is more restrictive) requires them to give the employee something in consideration. Or it's not a valid contract. So many times these come up at review and raise time. If you don't sign you don't get your raise.
2. Unreasonable demands are many times not enforceable. So asking for 4 years notice would be a farce. Asking for 30 days seems long to me but the real issue is "or what". You loose accrued vacation? That would likely be considered reasonable. For many folks 30 days notice but they get to use their accrued vacation turns into 2 weeks or so. Make sure the 30 days is CALENDAR days, not working days.
3. I'd ask to add a clause to the 30 days that says something to the effect that personal or family hardship would result in any penalties being waived. You can be nebulous or specific here. Think of things that would trigger the family leave act.
4. Pay attention to the "or what" situation above.
David Ross
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