Slashdot Mirror
Can You Be Sued for Quitting?
An anonymous reader asks: "I work at a large hosting company in Texas, and recently decided to go work for a smaller competitor. I had a great relationship with my employer and wanted to leave on good terms, and I hadn't signed any non-compete or employment agreements . I felt my old company had just gotten too large and I didn't like working there anymore, so I gave them two weeks notice in writing. They were really upset when I insisted on leaving and one week into my last two weeks the V.P. of Sales told me the company was suing me for leaving, and they were also suing my new employer for hiring me. I was shocked, and they then escorted me out of the building. Has anybody ever heard of this happening? Do they have any legal basis for suing me?" It shouldn't have to be said that seeking professional legal representation, in such a situation, is the first thing one should do.
1. In the U.S., two-weeks is the customary length of notice for non-contract employees. A common phrase is, "They can't fault you, you gave them your two-weeks." Of course there are exceptions for people who are extremely unique in their position, but two-weeks is the customary time frame, and employers must pay you for those two full-weeks even if they choose to not let you stay after you give your notice.
2. I believe in the Google issue there was actually a contract saying one could not go work for a competitor, or start your own company in the same field (or some variation of such). Those are pretty common, but has nothing to do with two-weeks notice but what you do after you leave the company. These don't always hold up well - especially if the person didn't have any proprietary knowledge that will benefit the other company.
3. To the OP, all I can say is your company already screwed up by threatening a lawsuit. Unless there is some big info being left out, of course, they cannot sue you for quitting your job, UNLESS you signed a no-compete contract. The VP tells you this? There is some shady stuff right there - no one but HR should even discuss such things.
Sounds like you are getting out just in time. Again, if the situation is as described, I don't think there is anything to worry about - sounds like a couple of people who don't know what their legal rights are and aren't were trying to scare you. Now you just need to decide - do you just wash your hands of the place, or make sure that the jerks who tried to pull this crap on you are known for what they are.
I just have a feeling, though, that SOMETHING isn't being fully disclosed here.
AE
Blödsinn. (Bullshit, for our English readers.)
In Germany, the standard is four weeks to the end of the month or the 15th of the month, unless your contract states something else. If I were offered a contract telling me I had to wait three months until I can walk away, I'd ask them to have their heads examined. Also, companies want to get rid of people *quicker*, that's why there is so much discussion in Germany about changing the work laws to allow companies to fire people with no delay whatsoever.
Notice there's a difference in whether you're quitting or you're fired. You can always quit with four weeks notice, but if they want to fire you, it depends on how long you work at the place. A coworker has been fired after 11 years at the company and they had to give her four months notice.
There go my mod points, but this was SO wrong I had to jump in.
As a side note - I've got so much overtime and vacation left that when I find a new job, I can leave the same minute and they still have to pay me for eight weeks. (Of course I will offer to freelance at a fair rate to not endanger my projects, but that's only because I don't want to leave my coworkers stuck in the shit.) So there are your "three months notice".
Who is General Failure and why is he reading my hard disk?
Hell, I'm an attorney and I would love to get this case (too bad it's in a different state). What this sounds like is a bunch of legally clueless management types got mad, and decided to take it out on this guy, using a court system they're ignorant about.
If I were his lawyer I'd countersue for malicious prosecution, tortious interference with business relationship, and hell maybe intentional infliction of emotional distress depending on the facts of the case. A lot of states also have attorneys' fees statutes for frivolous actions, so I'd ask for attorneys' fees too.
Unfortunately the company would probably fold after one letter to their corporate counsel, so whatever lawyer this guy gets likely wouldn't get the pleasure of bringing this to trial.