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Can an employer hold an employee to 90 day notice period? - Employment

Can an employer hold an employee to 90 day notice period? - Employment

Q: Can an employer require 90 days notice?

Yes, an employer can require a 90-day notice period if it is included in the employment contract signed by the employee. Such provisions are often designed to protect the employer's interests during the transition period after an employee's departure.

Q: What is your notice period's best answer?

The best answer regarding your notice period depends on your employment contract. If it specifies a 90-day notice, you should comply with that requirement unless negotiated otherwise. It's important to communicate clearly with your employer about your intentions.

Q: How to answer for 90 days notice period?

When asked about a 90-day notice period, explain that it is a contractual obligation requiring you to notify your employer of your resignation 90 days in advance. This allows for proper planning and transition within the company.

Q: What is the 90-day rule at work?

The 90-day rule at work typically refers to a notice requirement where an employee must inform their employer of their resignation 90 days ahead of time. This rule is often included in employment contracts to ensure that the employer has sufficient time to find a replacement.

Full question:

Can you let me know if a signed employment at will contract which included a 90 day notice period is legal? I have recently given notice and my firm is holding me to a 90 day notice period and they are making me go into the office each day.

Category: Employment
Date: 04/07/2025
State: New York

Answer:

This would be a matter for negotiation and since it is in the contract it is probably valid. A question would be what does the contract say about breach. i.e. if you leave without giving notice what are the ramifications or damages you could be responsible for? Notice provisions are not that rare but the ramifications of failure to comply are usually not clear. Notice is usually required due to the harm the company would suffer if a needed staff member left before they could find a replacement.

There are laws in some states where an employer has to provide pay or notice prior to termination under certain conditions. There could be something similar for the reverse in New York but I am not aware of it.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is 90 days notice period?

A 90-day notice period is a requirement for an employee to inform their employer of their intention to leave the job 90 days in advance. This period allows the employer time to find a replacement and ensures a smoother transition. If this notice period is stipulated in an employment contract, it is generally enforceable.