Quitting law firm to go in house immediately after maternity leave

[Anonymous]

Arg. Why do so many women do this? We fight and fight for reasonable maternity benefits, and then women like OP decide to take advantage and screw us all by cashing in when they have no intention of going back to work.

Don't be that person, OP. Give notice. Pay back whatever you obviously owe because you went on leave under false pretenses. Think about someone besides yourself.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Do the right thing and tell them now.

+1 Let chips fall where they may. Best in the long run.

OP here, do you think they can revoke my maternity leave if I give them that much advance notice?

Why do you think you are entitled to paid leave if you have no intention of returning? For someone who has gone to law school, you seem entirely lacking in common sense. Tell them immediately. The longer you wait, the more bad feelings there will be.

This is all a matter of contract, not common sense. She is entitled to whatever her contract with her employer says she is entitled to. At this point, OP doesn't seem to know what that is. That's what she really needs to know. If it were me, I'd let them know as soon as possible because I wouldn't want to owe my soon-to-be-former employer money. I was pretty stretched thin after my maternity leaves and paying back several months worth of pay would have wiped me out.

Why do you think she has a contract?

Everyone has a contract. It might not be written and it might not cover everything, but everyone has one. Your rate of pay, number of hours that you will work, benefits, etc. are all part of that contract.

That is simply wrong. It is wrong on so many levels. Most people do not have a contract. Most people are at-will employees.

Even at will employees have a contract. Again, it might not be written and it might not address everything. But, there is a contract. Rate of pay and benefits are two examples of what is included in that contract.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Do the right thing and tell them now.

+1 Let chips fall where they may. Best in the long run.

OP here, do you think they can revoke my maternity leave if I give them that much advance notice?

Why do you think you are entitled to paid leave if you have no intention of returning? For someone who has gone to law school, you seem entirely lacking in common sense. Tell them immediately. The longer you wait, the more bad feelings there will be.

This is all a matter of contract, not common sense. She is entitled to whatever her contract with her employer says she is entitled to. At this point, OP doesn't seem to know what that is. That's what she really needs to know. If it were me, I'd let them know as soon as possible because I wouldn't want to owe my soon-to-be-former employer money. I was pretty stretched thin after my maternity leaves and paying back several months worth of pay would have wiped me out.

Why do you think she has a contract?

Everyone has a contract. It might not be written and it might not cover everything, but everyone has one. Your rate of pay, number of hours that you will work, benefits, etc. are all part of that contract.

That is simply wrong. It is wrong on so many levels. Most people do not have a contract. Most people are at-will employees.

Even at will employees have a contract. Again, it might not be written and it might not address everything. But, there is a contract. Rate of pay and benefits are two examples of what is included in that contract.

OMG that is simply wrong. While an employee can try to argue that an oral contract was created, those claims overwhelming fail.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Do the right thing and tell them now.

+1 Let chips fall where they may. Best in the long run.

OP here, do you think they can revoke my maternity leave if I give them that much advance notice?

Why do you think you are entitled to paid leave if you have no intention of returning? For someone who has gone to law school, you seem entirely lacking in common sense. Tell them immediately. The longer you wait, the more bad feelings there will be.

This is all a matter of contract, not common sense. She is entitled to whatever her contract with her employer says she is entitled to. At this point, OP doesn't seem to know what that is. That's what she really needs to know. If it were me, I'd let them know as soon as possible because I wouldn't want to owe my soon-to-be-former employer money. I was pretty stretched thin after my maternity leaves and paying back several months worth of pay would have wiped me out.

Why do you think she has a contract?

Everyone has a contract. It might not be written and it might not cover everything, but everyone has one. Your rate of pay, number of hours that you will work, benefits, etc. are all part of that contract.

That is simply wrong. It is wrong on so many levels. Most people do not have a contract. Most people are at-will employees.

Still a contract. Work for pay = contract. First year contracts. You are confusing the ability to terminate at will with a contract. A contract doesn't mean what you think it means. What you mean is she doesn't have a written employment agreement covering termination provisions. Associate attorneys just don't get them at big firms. But the firms agreement to pay for maternity leave may or may not include pay back provisions. That's what the person above meant when she said it is a matter of contract = duties that each party owe each other in consideration for percirmaancd and consideration.

[Anonymous]

Happens all the time, in every industry.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Do the right thing and tell them now.

+1 Let chips fall where they may. Best in the long run.

OP here, do you think they can revoke my maternity leave if I give them that much advance notice?

Why do you think you are entitled to paid leave if you have no intention of returning? For someone who has gone to law school, you seem entirely lacking in common sense. Tell them immediately. The longer you wait, the more bad feelings there will be.

This is all a matter of contract, not common sense. She is entitled to whatever her contract with her employer says she is entitled to. At this point, OP doesn't seem to know what that is. That's what she really needs to know. If it were me, I'd let them know as soon as possible because I wouldn't want to owe my soon-to-be-former employer money. I was pretty stretched thin after my maternity leaves and paying back several months worth of pay would have wiped me out.

Wrong. You again are confusing contractual provisions and saying since they don't have protection against termination at will you think there's no contract. You have a contract with the kid who mows your lawn. Gosh I wish mon lawyers would stop fouling up the conversation and stick to what you know.

Why do you think she has a contract?

Everyone has a contract. It might not be written and it might not cover everything, but everyone has one. Your rate of pay, number of hours that you will work, benefits, etc. are all part of that contract.

That is simply wrong. It is wrong on so many levels. Most people do not have a contract. Most people are at-will employees.

Even at will employees have a contract. Again, it might not be written and it might not address everything. But, there is a contract. Rate of pay and benefits are two examples of what is included in that contract.

OMG that is simply wrong. While an employee can try to argue that an oral contract was created, those claims overwhelming fail.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Do the right thing and tell them now.

+1 Let chips fall where they may. Best in the long run.

OP here, do you think they can revoke my maternity leave if I give them that much advance notice?

Why do you think you are entitled to paid leave if you have no intention of returning? For someone who has gone to law school, you seem entirely lacking in common sense. Tell them immediately. The longer you wait, the more bad feelings there will be.

This is all a matter of contract, not common sense. She is entitled to whatever her contract with her employer says she is entitled to. At this point, OP doesn't seem to know what that is. That's what she really needs to know. If it were me, I'd let them know as soon as possible because I wouldn't want to owe my soon-to-be-former employer money. I was pretty stretched thin after my maternity leaves and paying back several months worth of pay would have wiped me out.

Why do you think she has a contract?

Everyone has a contract. It might not be written and it might not cover everything, but everyone has one. Your rate of pay, number of hours that you will work, benefits, etc. are all part of that contract.

That is simply wrong. It is wrong on so many levels. Most people do not have a contract. Most people are at-will employees.

Still a contract. Work for pay = contract. First year contracts. You are confusing the ability to terminate at will with a contract. A contract doesn't mean what you think it means. What you mean is she doesn't have a written employment agreement covering termination provisions. Associate attorneys just don't get them at big firms. But the firms agreement to pay for maternity leave may or may not include pay back provisions. That's what the person above meant when she said it is a matter of contract = duties that each party owe each other in consideration for percirmaancd and consideration.

I sincerely hope that you are not a lawyer.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Do the right thing and tell them now.

+1 Let chips fall where they may. Best in the long run.

OP here, do you think they can revoke my maternity leave if I give them that much advance notice?

Why do you think you are entitled to paid leave if you have no intention of returning? For someone who has gone to law school, you seem entirely lacking in common sense. Tell them immediately. The longer you wait, the more bad feelings there will be.

This is all a matter of contract, not common sense. She is entitled to whatever her contract with her employer says she is entitled to. At this point, OP doesn't seem to know what that is. That's what she really needs to know. If it were me, I'd let them know as soon as possible because I wouldn't want to owe my soon-to-be-former employer money. I was pretty stretched thin after my maternity leaves and paying back several months worth of pay would have wiped me out.

Wrong again. If you work and quit and don't get paid and bring a breach of contract claim for failure to be paid you will win. (Assuming you decided not to proceed under a wage payment statute.). Performance for pay is most definitely contractual in nature. If you don't get this perhaps it's why you failed the bar. You are confusing protections against termination at will in a written employment agreement with contract.

Why do you think she has a contract?

Everyone has a contract. It might not be written and it might not cover everything, but everyone has one. Your rate of pay, number of hours that you will work, benefits, etc. are all part of that contract.

That is simply wrong. It is wrong on so many levels. Most people do not have a contract. Most people are at-will employees.

Even at will employees have a contract. Again, it might not be written and it might not address everything. But, there is a contract. Rate of pay and benefits are two examples of what is included in that contract.

OMG that is simply wrong. While an employee can try to argue that an oral contract was created, those claims overwhelming fail.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Do the right thing and tell them now.

+1 Let chips fall where they may. Best in the long run.

OP here, do you think they can revoke my maternity leave if I give them that much advance notice?

Why do you think you are entitled to paid leave if you have no intention of returning? For someone who has gone to law school, you seem entirely lacking in common sense. Tell them immediately. The longer you wait, the more bad feelings there will be.

This is all a matter of contract, not common sense. She is entitled to whatever her contract with her employer says she is entitled to. At this point, OP doesn't seem to know what that is. That's what she really needs to know. If it were me, I'd let them know as soon as possible because I wouldn't want to owe my soon-to-be-former employer money. I was pretty stretched thin after my maternity leaves and paying back several months worth of pay would have wiped me out.

Why do you think she has a contract?

Everyone has a contract. It might not be written and it might not cover everything, but everyone has one. Your rate of pay, number of hours that you will work, benefits, etc. are all part of that contract.

That is simply wrong. It is wrong on so many levels. Most people do not have a contract. Most people are at-will employees.

Still a contract. Work for pay = contract. First year contracts. You are confusing the ability to terminate at will with a contract. A contract doesn't mean what you think it means. What you mean is she doesn't have a written employment agreement covering termination provisions. Associate attorneys just don't get them at big firms. But the firms agreement to pay for maternity leave may or may not include pay back provisions. That's what the person above meant when she said it is a matter of contract = duties that each party owe each other in consideration for percirmaancd and consideration.

I sincerely hope that you are not a lawyer.

Partner in a noted labor and employment practice. The employment relationship is contractual. You are confusing protection against at will termination in a written agreement with a basic contract. Consider if the firm failed to pay this associate. And assume she is exempt from the dc wage act. Her cause of action would be breach of contract. She performed and they failed to pay her. This is very basic contract law.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Do the right thing and tell them now.

+1 Let chips fall where they may. Best in the long run.

OP here, do you think they can revoke my maternity leave if I give them that much advance notice?

Why do you think you are entitled to paid leave if you have no intention of returning? For someone who has gone to law school, you seem entirely lacking in common sense. Tell them immediately. The longer you wait, the more bad feelings there will be.

This is all a matter of contract, not common sense. She is entitled to whatever her contract with her employer says she is entitled to. At this point, OP doesn't seem to know what that is. That's what she really needs to know. If it were me, I'd let them know as soon as possible because I wouldn't want to owe my soon-to-be-former employer money. I was pretty stretched thin after my maternity leaves and paying back several months worth of pay would have wiped me out.

Why do you think she has a contract?

Everyone has a contract. It might not be written and it might not cover everything, but everyone has one. Your rate of pay, number of hours that you will work, benefits, etc. are all part of that contract.

That is simply wrong. It is wrong on so many levels. Most people do not have a contract. Most people are at-will employees.

Still a contract. Work for pay = contract. First year contracts. You are confusing the ability to terminate at will with a contract. A contract doesn't mean what you think it means. What you mean is she doesn't have a written employment agreement covering termination provisions. Associate attorneys just don't get them at big firms. But the firms agreement to pay for maternity leave may or may not include pay back provisions. That's what the person above meant when she said it is a matter of contract = duties that each party owe each other in consideration for percirmaancd and consideration.

I sincerely hope that you are not a lawyer.

Partner in a noted labor and employment practice. The employment relationship is contractual. You are confusing protection against at will termination in a written agreement with a basic contract. Consider if the firm failed to pay this associate. And assume she is exempt from the dc wage act. Her cause of action would be breach of contract. She performed and they failed to pay her. This is very basic contract law.

There are contract principles at play (like unjust enrichment) and statutory protections, but no contract.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Do the right thing and tell them now.

+1 Let chips fall where they may. Best in the long run.

OP here, do you think they can revoke my maternity leave if I give them that much advance notice?

Why do you think you are entitled to paid leave if you have no intention of returning? For someone who has gone to law school, you seem entirely lacking in common sense. Tell them immediately. The longer you wait, the more bad feelings there will be.

This is all a matter of contract, not common sense. She is entitled to whatever her contract with her employer says she is entitled to. At this point, OP doesn't seem to know what that is. That's what she really needs to know. If it were me, I'd let them know as soon as possible because I wouldn't want to owe my soon-to-be-former employer money. I was pretty stretched thin after my maternity leaves and paying back several months worth of pay would have wiped me out.

Why do you think she has a contract?

Everyone has a contract. It might not be written and it might not cover everything, but everyone has one. Your rate of pay, number of hours that you will work, benefits, etc. are all part of that contract.

That is simply wrong. It is wrong on so many levels. Most people do not have a contract. Most people are at-will employees.

Still a contract. Work for pay = contract. First year contracts. You are confusing the ability to terminate at will with a contract. A contract doesn't mean what you think it means. What you mean is she doesn't have a written employment agreement covering termination provisions. Associate attorneys just don't get them at big firms. But the firms agreement to pay for maternity leave may or may not include pay back provisions. That's what the person above meant when she said it is a matter of contract = duties that each party owe each other in consideration for percirmaancd and consideration.

I sincerely hope that you are not a lawyer.

Partner in a noted labor and employment practice. The employment relationship is contractual. You are confusing protection against at will termination in a written agreement with a basic contract. Consider if the firm failed to pay this associate. And assume she is exempt from the dc wage act. Her cause of action would be breach of contract. She performed and they failed to pay her. This is very basic contract law.

There are contract principles at play (like unjust enrichment) and statutory protections, but no contract.

Offer. Acceptance. Consideration = contract. If I offer you twenty dollars to cross a bridge and you do I owe you twenty dollars. Contract.

[Anonymous]

Anonymous wrote:Arg. Why do so many women do this? We fight and fight for reasonable maternity benefits, and then women like OP decide to take advantage and screw us all by cashing in when they have no intention of going back to work.

Don't be that person, OP. Give notice. Pay back whatever you obviously owe because you went on leave under false pretenses. Think about someone besides yourself.

OP here. Didn't go on maternity leave on false pretenses. I didn't expect to actually get a job offer - especially in this economy/industry. I fully figured I would be going back to work at the firm. The job offer presented itself mid-maternity leave and I couldn't pass it up and now I am seeking advice from you guys on how to handle it.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Arg. Why do so many women do this? We fight and fight for reasonable maternity benefits, and then women like OP decide to take advantage and screw us all by cashing in when they have no intention of going back to work.

Don't be that person, OP. Give notice. Pay back whatever you obviously owe because you went on leave under false pretenses. Think about someone besides yourself.

OP here. Didn't go on maternity leave on false pretenses. I didn't expect to actually get a job offer - especially in this economy/industry. I fully figured I would be going back to work at the firm. The job offer presented itself mid-maternity leave and I couldn't pass it up and now I am seeking advice from you guys on how to handle it.

Ethically, I think you need to give notice as soon as you have accepted an offer with another employer. So, tell your firm now.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Do the right thing and tell them now.

+1 Let chips fall where they may. Best in the long run.

OP here, do you think they can revoke my maternity leave if I give them that much advance notice?

Why do you think you are entitled to paid leave if you have no intention of returning? For someone who has gone to law school, you seem entirely lacking in common sense. Tell them immediately. The longer you wait, the more bad feelings there will be.

This is all a matter of contract, not common sense. She is entitled to whatever her contract with her employer says she is entitled to. At this point, OP doesn't seem to know what that is. That's what she really needs to know. If it were me, I'd let them know as soon as possible because I wouldn't want to owe my soon-to-be-former employer money. I was pretty stretched thin after my maternity leaves and paying back several months worth of pay would have wiped me out.

Why do you think she has a contract?

Everyone has a contract. It might not be written and it might not cover everything, but everyone has one. Your rate of pay, number of hours that you will work, benefits, etc. are all part of that contract.

That is simply wrong. It is wrong on so many levels. Most people do not have a contract. Most people are at-will employees.

Still a contract. Work for pay = contract. First year contracts. You are confusing the ability to terminate at will with a contract. A contract doesn't mean what you think it means. What you mean is she doesn't have a written employment agreement covering termination provisions. Associate attorneys just don't get them at big firms. But the firms agreement to pay for maternity leave may or may not include pay back provisions. That's what the person above meant when she said it is a matter of contract = duties that each party owe each other in consideration for percirmaancd and consideration.

I sincerely hope that you are not a lawyer.

Partner in a noted labor and employment practice. The employment relationship is contractual. You are confusing protection against at will termination in a written agreement with a basic contract. Consider if the firm failed to pay this associate. And assume she is exempt from the dc wage act. Her cause of action would be breach of contract. She performed and they failed to pay her. This is very basic contract law.

There are contract principles at play (like unjust enrichment) and statutory protections, but no contract.

Offer. Acceptance. Consideration = contract. If I offer you twenty dollars to cross a bridge and you do I owe you twenty dollars. Contract.

So what is the contract here? You would think the answer to OP's question would be obvious to her if there was a contract.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Do the right thing and tell them now.

+1 Let chips fall where they may. Best in the long run.

OP here, do you think they can revoke my maternity leave if I give them that much advance notice?

Why do you think you are entitled to paid leave if you have no intention of returning? For someone who has gone to law school, you seem entirely lacking in common sense. Tell them immediately. The longer you wait, the more bad feelings there will be.

This is all a matter of contract, not common sense. She is entitled to whatever her contract with her employer says she is entitled to. At this point, OP doesn't seem to know what that is. That's what she really needs to know. If it were me, I'd let them know as soon as possible because I wouldn't want to owe my soon-to-be-former employer money. I was pretty stretched thin after my maternity leaves and paying back several months worth of pay would have wiped me out.

Why do you think she has a contract?

Everyone has a contract. It might not be written and it might not cover everything, but everyone has one. Your rate of pay, number of hours that you will work, benefits, etc. are all part of that contract.

That is simply wrong. It is wrong on so many levels. Most people do not have a contract. Most people are at-will employees.

Still a contract. Work for pay = contract. First year contracts. You are confusing the ability to terminate at will with a contract. A contract doesn't mean what you think it means. What you mean is she doesn't have a written employment agreement covering termination provisions. Associate attorneys just don't get them at big firms. But the firms agreement to pay for maternity leave may or may not include pay back provisions. That's what the person above meant when she said it is a matter of contract = duties that each party owe each other in consideration for percirmaancd and consideration.

I sincerely hope that you are not a lawyer.

Partner in a noted labor and employment practice. The employment relationship is contractual. You are confusing protection against at will termination in a written agreement with a basic contract. Consider if the firm failed to pay this associate. And assume she is exempt from the dc wage act. Her cause of action would be breach of contract. She performed and they failed to pay her. This is very basic contract law.

You need to call your law school and ask for your money back. There is a difference between principles of contract and an employment contract. Also, you are confusing a benefit with compensation and there is a differnce.