Resignation with employment agreement

[bredt]

My employment agreement states:

The effective date of the termination of Employee's employment with the Company, regardless of the reason therefor, is referred to in this Agreement as the "Date of Termination."

(b) Employee may elect to terminate this Agreement upon not less than 60 days prior written notice to the Company.


Does 'may elect' mean that given 60 days notice is not necessary or is the 60 days binding?

Telling a prospective employer that I can't start for 60 upon agreement does not seem fair.

Has anyone had experience with this?

 

[Beth3]

Does 'may elect' mean that given 60 days notice is not necessary or is the 60 days binding? It means the employee is free to quit as long as they give 60 days advance notice.

Telling a prospective employer that I can't start for 60 upon agreement does not seem fair. But apparently you agreed to those terms when you were hired.

Has anyone had experience with this? Anyone else's experience isn't going to be relevant. The key issue here is whether this agreement is binding. You're going to have to show the entire document to a local attorney to determine that.