contract-law employment
What constitutes voluntary termination of employment?
<p>I have a clause in my contract that reads as follows:</p>

<p>"If you voluntarily terminate your employment prior to 12 months following your hire date, your bonus will be due immediately"</p>

<p>If I give my two weeks notice 5 days before my first 12 months at the company are up, and my company fires me the next day, could they make a realistic claim that I had voluntarily terminated my contract before the year was over? I doubt they could make me pay the bonus since this seems non-voluntary, but would appreciate another perspective. </p>

<p>I am employed in California.</p>

<blockquote>
  <p>could they make a realistic claim that I had voluntarily terminated my contract before the year was over?</p>
</blockquote>

<p>The employer's act would forfeit its entitlement to reimbursement of bonus. The clause clearly indicates that the triggering event is <em>termination</em>, not the anticipatory <em>notification</em> thereof.</p>

<p>Furthermore, the employer's act would be a breach of the [contract law] covenant of good faith and fair dealing. That would be in stark contrast with your compliance with, and/or kindness in, giving a two-week notice.</p>

<p>The employer's termination of your employment seems improper <em>in equity</em> insofar as it was aware of your notice and thus took advantage thereof.</p>
