When to quit? Advice please

[happyface12345]

Hi guys,
I am facing a conundrum and was hoping for some insight from people more knowledgeable than myself I'm a hospitalist and recently got accepted into a fellowship program that starts this year. My job requires 120 day notice. The contract doesn't say what happens if you give less than 120 days notice. My boss is known to be pushy and try to sway people to stay longer than they intend to if they are trying to leave. He's also a bit wily. I need to be out for personal reasons by the end of February or March at the latest. So I am trying to figure out how to navigate this. On top of that, a family member will be needing my help medically, so if my boss doesn't agree to let me go within the next 60 days, I could use medical leave.

I didn't get any bonuses that I would have to pay back.

-What's the best way to navigate this?
-Talk with my boss about resignation first and see how much he will work with me? Then use medical leave to ensure I am out by the time I need to be?
-Or get on medical leave first then resign?
-Should I even tell him about the fellowship or just leave it at "my family member needs me"?
-Or is there another way to think about this that I have not considered?
-Would using medical leave go on some record that would make it trickier for me to get jobs in the future?

Any help/ insight would be much appreciated!!

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[chessknt]

?????

You're an adult and a professional to boot--you need to follow the rules of the contract that you agreed to (which apparently wants 4 months notice). If you have been accepted to a fellowship they probably knew you were going to leave but if for some reason it was top secret you need to tell them now.

What happens if you leave before your contractually mandated period depends on how mad they are--they would be allowed to sue you for breach of contract and you could theoretically be on the hook for monetary damages in a civil claim. Or they could just agree to let it end earlier. Using FMLA could be a work around I suppose but you still need to trigger your contract exit clause regardless. Since you are doing fellowship it is unlikely anyone will care much about this employer's opinion of you.

 

[dozitgetchahi]

It’s a contract. You give them the notice described in the contract. If douchebag boss tries to make you stay longer…you don’t. No employer is going to try to take that to court (unless they are complete idiots). This isn’t going to be a big deal.

 

[JustPass]

It’s a contract. You give them the notice described in the contract. If douchebag boss tries to make you stay longer…you don’t. No employer is going to try to take that to court (unless they are complete idiots). This isn’t going to be a big deal.

I don't think you understood OP. OP was saying the problem is he/ will be leaving earlier than 120 day notice. The boss isn't going to make him/her stay longer than the 120 day notice period.

 

[dozitgetchahi]

I don't think you understood OP. OP was saying the problem is he/ will be leaving earlier than 120 day notice. The boss isn't going to make him/her stay longer than the 120 day notice period.

People leave before the notice period ends all the time. OP needs to look at his contract and see if there is a penalty etc for doing this.

Also, OP: next time, don’t agree to a 4 month notice period.

 

[whoknows2012]

People leave before the notice period ends all the time. OP needs to look at his contract and see if there is a penalty etc for doing this.

Also, OP: next time, don’t agree to a 4 month notice period.

Or alternatively give 4 months notice (or something at least close to it)

 

[NotAProgDirector]

You can't usually use "medical leave" to help someone else. It might qualify for FMLA leave, but it depends on the state you're in and the familial relationship. Even if it does qualify, your post isn't clear whether your reason for leaving is this medical issue, or if it's for something else. If you lie about the situation or otherwise cause problems, they could file a complaint with the medical board which could be very problematic.

As others have stated, look at your contract. It should tell you what happens if you don't give adequate notice. if it doesn't state that, then it's unclear what they could try to collect from you. It could be the cost of locums to cover your remaining shifts.

 

[rokshana]

It’s a contract. You give them the notice described in the contract. If douchebag boss tries to make you stay longer…you don’t. No employer is going to try to take that to court (unless they are complete idiots). This isn’t going to be a big deal.

Though if he hasn’t given his notice by now, he’s staying until June based on the contract.
Give your notice ASAP… otherwise you will be the one violating your contract… doesn’t mean you can get out, but you may have to pay big money to do so.

 

[happyface12345]

Thank you to everyone for your replies!! Let's see how this goes...