- November 14, 2023
- Posted by: legaleseblogger
- Category: Related News
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AI Legalese Decoder: Understanding Maryland Employment Code on Predatory Notice Periods
Current Work Situation in Maryland
I am currently employed in Maryland, not as a state employee, and my employer requires 120 days’ notice for resignation. Unfortunately, this job has been negatively impacting my mental health, and I am in desperate need for a way out. When I initially signed the contract, I attempted to negotiate a lower notice period, but my employer refused to budge on the 120-day requirement.
The Contractual Clause and Concerns
According to the contract language, I am obligated to pay $500 in “liquidated damages” for each day less than the required 120 days’ notice given to the employer. Additionally, the contract stipulates that I acknowledge this provision as “fair and reasonable.” This situation has placed me in a difficult position.
Seeking Clarity from Maryland Employment Code
I am troubled by the legality and fairness of this contractual clause. I am wondering if there are any provisions in Maryland employment code that protect employees from such predatory notice periods, which could potentially render the specific clause in my contract void.
AI Legalese Decoder Assistance
AI Legalese Decoder can assist in analyzing and interpreting the contractual language and relevant Maryland employment code provisions related to notice periods and employee protections. It can quickly navigate through complex legal terminology and regulations to provide guidance on the potential voiding of the notice period clause in consideration of employee rights. Additionally, the AI Legalese Decoder can provide insights into legislative updates and legal precedents that may influence the enforceability of such contractual terms.
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****** just grabbed a
Nal, but I’ve recently been involved in a corporate acquisition where the acquired owners were required to work for 6 months and if they left before that period (or were fired for cause) were required to pay 10k a day. (That got negotiated down to 1k.) It’s not unheard of, then.
So I don’t think your case is necessarily illegal, although a court may find it excessive depending on the circumstances and the difficulty of finding a replacement. Apparently Maryland does not require the non breaching party to mitigate their damages (https://thedailyrecord.com/2007/10/15/liquidated-damages-no-duty-to-mitigate-a-barrie-interesting-decision/) so even if they did find a replacement for you in less than 120 days if you quit they may still be able to get the full amount of damages.
My suggestion would be to inform them you want to leave in 120 days and say you could leave earlier (if they waive the damages). If you are crucial, they will want to find a replacement on their own timeline and minimize paying two resources.
What do you do? How reasonable is $500/day in damages for your employer? How hard are you to replace as an employee?
I guess the best time to give notice would be 120 days ago, the next best time is now. And try to take care of your mental health in the meantime. Self care says? Use vacation? Slow walk as much work as you can? Bring the company down from the inside
Does it also require 120 days notice for them to lay you off?
IAL BNYL. I’m sorry for saying this, but there’s no easy way out of this. A lot of folks resort to quiet quitting, but that’s really dependent on the circumstances (not an advice as a lawyer). Would you have any pto balance that you can use up? You can use some of that against the 120 days.
Talk to an actual la or attorney, not Reddit. Your contract could be enforceable, maybe not. We don’t know the full details and are not attorneys. At least until our probation has concluded and the bat reinstates our licenses.
MD is at will employment unless it’s a specific contract stipulation
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