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Can my employer take any legal action against me if I am not able to serve notice period?

Saddle Brook, NJ |

Hi, I came to USA from India on H1 from a reputed Indian Software company on September 2010. I am now planning to quit my current employer in USA as I am getting better opportunity. As per my appointment letter when I joined my current employer in India I need to provide 2 months notice period. Can my employer take any legal action against me if I am not able to provide 2 months notice? New company is requesting me to join within 2 weeks else they'll need to reconsider the offer.

Attorney Answers 3


  1. Bring the appointment letter to a local employment attorney to review it immediately. Someone really needs to review it to determine whether or not it would be binding on you. You should also bring any other documentation you have, especially if you have an employment contract. You can search for an attorney on Avvo or contact the National Employment Lawyers Association for a referral.

    This answer is provided for guidance only. DO NOT rely on it as legal advice. We DO NOT have an attorney-client relationship. You should contact an attorney in your area for a one-on-one consultation before pursuing any action or making any decisions.


  2. Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, Delaware, New Jersey or Federal law applies, unless otherwise specified.

    That being said, if the contract is binding, you can be liable to the employer for not giving the required notice. You should speak with an attorney ASAP to determine whether you are potentially liable.

    If you would like to discuss this matter further, please feel free to contact me at the below address(es) or telephone number.

    /Christopher E. Ezold/
    The Ezold Law Firm, P.C.
    One Belmont Avenue,
    Suite 501
    Bala Cynwyd, PA 19004
    (610) 660-5585
    Cezold@Ezoldlaw.com
    www.ezoldlaw.com

    Answered 8 months ago. Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, New Jersey or Federal law apply, unless otherwise specified. /Christopher E. Ezold/ The Ezold Law Firm, P.C. One Belmont Avenue, Suite 501 Bala Cynwyd, PA 19004 (610) 660-5585 Cezold@Ezoldlaw.com www.ezoldlaw.com


  3. It is very difficult to answer this question without reviewing the employment agreement.

    Herbert Tan, Esq.
    E-mail: Herbert@tanlaws.com
    Website: www.tanlaws.com

    The National Newark Building
    744 Broad Street, 16th Fl.
    Newark, New Jersey 07102
    (973) 735-2681 (W)
    (973) 735-2682 (F)

    Manhattan Office
    305 Broadway, 14th Floor
    New York, New York 10007
    (888) TAN-LAWS

    Member of National Employment Lawyers Association (NELA)

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