Changing jobs before minimum notice date while on OPT.

[baza]

Hi,

Lets say this about person X employed in US,

- Is on OPT (graduated BS in engineering).
- Got a full time job (engineering position in a genuine engineering company).
- The offer letter of the full time job mentioned that the employee has to give 4 weeks notice before leaving the company.
- Accepted the full time offer and joined work.
- Later gets another job that needs him to join immediately (join date negotiable upto a week or two).
- Wants to change jobs.

Can the company force the 4 week notice thing from the offer letter if the employee wants to leave in the next few days? How will the current employer enforce the 4 week notice thing? Does the 4 week notice clause have any legal validity? What may be the form of any punishment (if any) for leaving early?

Would really appreciate any insight into this. Thanks.

[txh1b]

Notice period is just a courtesy and usually employment is at will. They will not legally enforce anything as they cannot force one to work.

With the troubled economy and companies buying each other/layoffs etc, it is in your best interest not to get into the bad books of any employer. Who knows tomorrow, previous company could take over the company you joined and have a bad remark on your HR file or the new company might go under and you might want to go back to the old employer.

[baza]

Hi txh1b,

Thanks for the quick response. I believe that by giving solid reason for moving, it may still be possible to be in good terms with the former employer.

[txh1b]

Your choice! Good Luck!