Looking to lateral but notice period is 6 months Forum

[Anonymous User]

I've been interviewing to lateral lately, however, I looked into my contract and I have a notice period of six months. However, I'm assuming firms that are seeking to hire me do not want to wait six months. I've been thinking about colleagues of me lateraling, and they don't seem to have to wait six months to leave, so I guess this is a moot point, but is there any chance a firm decides to hold their employee to the notice period and a prospective employer deciding to not want the applicant anymore? Probably just being paranoid, but just wanted to check, as I don't want to fall in between the cracks.

EDIT: as apparently it is unheard of in the US, I'm in East Asia (graduated with a JD but then moved here for a position). Guess 6 months here is relatively common.

[nixy]

What current employment are you in where you have a contract and it requires 6 months notice? Those both seem extremely unlikely.

[Anonymous User]

What country are you in? In the US you don't have a contract and notice requirements are unenforceable beyond them being able to fire you or never hire you again, but you are leaving so who cares.

[legalpotato]

What country are you in? In the US you don't have a contract and notice requirements are unenforceable beyond them being able to fire you or never hire you again, but you are leaving so who cares.

Yeah - seems like an absurd requirement. And what is their recourse? Is there some sort of earned bonus they would withhold?

[papermateflair]

This seems highly unusual for US lawyers. Are you *required* to give 6 months of notice, or is it a preference of the firm? And is it reciprocal - meaning, can they fire you without giving you 6 months' notice? If it's really a requirement, it's probably worth talking to an employment lawyer about your options (I assume you have the ability to quit if they change the terms of your employment, etc.). Are they trying to work around the non-compete restrictions on lawyers?

[Anonymous User]

What country are you in? In the US you don't have a contract and notice requirements are unenforceable beyond them being able to fire you or never hire you again, but you are leaving so who cares.

Yeah - seems like an absurd requirement. And what is their recourse? Is there some sort of earned bonus they would withhold?

Apologies, and also clarified this in the OP now: I'm working in east Asia but as a "US Associate." Moved here after graduation. Guess notice periods here can be longer. I don't think there is any sort of earned bonus they can withhold (not planning on leaving right before bonus period anyway), so don't think there is any recourse per se.

I was more wondering if this is something employers actively seem to hold on to, but I guess the length of these is completely unheard of. I might ask one of my former colleagues (who I imagine had a similar notice period in their contract) how they managed their departure.

[Anonymous User]

I would also suggest looking into relevant employment law. I work in Hong Kong and the market standard is 3 months for notice period and the laws here allow firms to seek money from you if you try to leave earlier than the notice period. For example, if your notice period is 3 months and you want to leave in 1 month, the firm can (and sometimes in fact do) make you pay the firm your 2 months' salary. In Hong Kong, it usually goes both ways so at least the employees also get some protection. I think even under this system though you could always reach a mutual understanding with the firm to shorten the period and leave before the required notice period without incurring any payment liabilities.

6 months sound a bit ridiculous though...

[Anonymous User]

If everybody in the market is working under the same conditions, then the notice period is unlikely to hurt your employment chances with other firms. If you are looking to come back to the US, a number of firms are hiring from Australia where two months notice is a common requirement. I’d speak to a recruiter but I think you can work through it.

In terms of shortening the notice period, you can always speak with your supervisor. If they’re being difficult, don’t hesitate to take your foot off the gas pedal to make your point heard (e.g., rock up at 11am, leave everyday at 5pm and stop responding to emails, go to appointments during the day). You may worry about burning bridges, but (1) working hard on notice is almost never appreciated anyway, (2) this is a tried and tested approach in markets adopting the UK approach to notice periods, and (3) your primary objective, once you’ve handed in notice, is to come fresh and ready into your next role.

Also, 6 months is usually for a senior role. Sometimes, you can be put on gardening leave, just give people the impression you may be looking to take clients with you into the next role.

[Anonymous User]

As one datapoint, I had a two month notice period (in Europe, not Asia) and lateraled (to the US). I had several offers and none of them batted an eye at the notice period. Obviously not exactly the same situation.