Question:

Is this employment condition fair?

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In a job offer I recieved, under the At-Will Employment section it states that because of the importance of the position, should I decide to leave the company I need to give the company at least six months advance notice. However, this means that I could be laid off at any time...I believe that the company should also give an advance notice of six months. Am I right in thinking this?

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3 ANSWERS


  1. You are exactly right but companies don`t see it that way.  They are the ones holding all the cards.  Do not sign any contracts before reading all the small print.


  2. I like michr's response.

    I don't think it's fair.  What happens if you don't give six months notice?  Are you in breach of contract?  If so, what is the penalty?

    I think I'd want to have an attorney look at my agreement before I committed myself.  I hope you have other job offers to consider.  This just doesn't sound right.

  3. if you employed "at-will" then there are no restrictions or conditions on separation of employment.  

    if this was a contract for employment this would be unreasonable and excessive and yes unfair.

    if this is a contract what are you getting in return for this condition?

    what kind of monetary consideration are you to receive for this notice length?

    what are the consequences of failing to follow this provision?

    these are all issues you need to consider, albeit i have not seen an employment contract that states the employment is at-will and then also tries to stipulate conditions on separation. contracts can state employment is at will and by doing so that eliminates all (except illegal or discriminatory) separation issues. if the employer expects you to work "at-will" they should do the same, if they expect 6 months notice then you should receive 6 months severance at separation. the employer should not expect to have their cake and eat it too!

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