Employment at will law and notice period
My employment agreement says employee-at-will, and also states I agree to give the Company at least 30 days notice in the event that you seek to terminate my employment, with the Company having the option to accept my resignation with immediate effect.
With my new position in hand I will only be able to give a max of 3 weeks notice period.
What should I be doing in this situation ?
1 attorney answer
Since DC law, like the laws of almost all the states, provides for employment-at-will, neither you nor your employer are obligated to give advance notice of separation---for you this is resignation, for your employer it is termination. It appears your employment agreement simply confirms that your particular employment is at will (an employer could provide for more protections than at-will if they wished, such as termination only for good cause, but most do not). It is unclear and confusing from your question what is the actual language in your agreement bearing on employee notice, and how it relates to the description of termination and resignation. From your question, it sounds like the agreement requires you to give the employer at least 30 days notice if the employer seeks to terminate your employment, but you have the option of resigning without giving advance notice. That makes no sense, so I'm doubtful that's what the agreement contains, though some employment agreements are very poorly worded. Regardless of what the agreement contains, the employer cannot really require you to give advance notice of resignation, particularly when it is not reciprocally required to give advance notice of termination. However, if you in fact already have a new position in hand---meaning you and your new employer have signed an employment agreement---then you are best served by giving your current employer notice of resignation immediately. If you have any doubts about what to do, or you hear any objections from your current employer about not giving more advance notice, or your current employer threatens you in any way, you should contact a DC employment lawyer who can advise you on how to best protect yourself from any potential harm.
My answers to any questions are for general purposes only and do not establish an attorney-client relationship. If you need specific legal advice, please consider hiring a lawyer.