Firm requires 60 days notice. Gave notice 2 weeks ago, trying to leave at the 4 week mark. Managing partner is essentially making me stay until they hire a replacement. New firm is getting antsy and recruiter checks in constantly, implying that making them wait too long could result in them rescinding the offer.

Probably nothing can be done, but super aggravating anyway.

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I’m asking because you generally have no obligation under the law to even give a 2 week notice. They can’t force you to stay

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Is it in your employment contract that you’re required to give 60 days notice?

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Got it. Yeah in that case, just do the 60 days and leave.

Have you spoken with your new firm about this? I do not understand their antsy-ness. I assume told them you need to give 60 days notice and you are within the 60 days so I do not understand why they expect you earlier than 60 days.

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Yeah, I don’t know. I had told them that I didn’t expect my firm to actually keep me on for 60 days after I gave notice, because I really didn’t. I only do research and have no clients or matters of my own (1st year). So, we were all hoping for a shorter notice period, but…

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You are a first year with no clients or matters of your own? The ABA guidelines are permissible and I cannot imagine the ABA wouldn’t find 30-days more than sufficient. You are being taken advantage of

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Let’s think through alternatives - 1. Leave, start the new role, and potentially get sued for what? What are the damages to the prior firm? Contracts are breached every day. Is there a liquidated damages clause? 2. Stay, lose the other role, and be unemployed in this economy? 3. Negotiate the desired start date with the new firm and do the minimum in the current role. Collect a check. I would not risk a new role for the sake of one I’m leaving.

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That’s actually ridiculous. You don’t have to honor that. There’s no reason to stay beyond a few weeks. I’d just be clear with your current firm you’re not going to stay for 60 days. I wouldn’t want my new firm to have to wait that long, plus lots of firms have immediate needs so they could start looking elsewhere.

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You have an employment contract with your law firm employer as a first year??

They can’t even make you stay if you have a contract; people leave contracts early all the time. People who do this are just on the hook for potential damages or other penalties previously agreed to (like clawing back a signing bonus or something of that nature). But if you don’t even have a contract…they are definitely taking advantage and that’s not ok.

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