Posted on Aug 15, 2020
Can spouses break a civilian employment contract with PCS orders?
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Contract requires 120 notice to leave without "cause." Short notice orders have just arrived.
Posted in these groups: 
Spouse
Military Spouse Employment Partnership (MSEP)
Spouse Military Spouse Employment Partnership (MSEP)
Posted >1 y ago
Responses: 2
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LTC Jason Mackay provides excellent advice. Spouse needs to proactively work with superior and HR to resolve situation.
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CPT (Join to see) Don't think so, but I would expand your quotation marks to see what constitutes cause or if there is a section that talks about contingency situations. This may be a situation where your spouse goes to HR to get their interpretation before they give abbreviated notice. The key to further employment is references. It is a trouble sign when they don't list their last employer or elect to "not contact" them on the application.
This may all be solved by finding out quickly if HR agrees that this is an extenuating circumstance and waives the 120 clause and your husband in good faith give max notice.
The other option is for him to give 120 days notice now, and follow along later. Perhaps takes a week of leave to help move, then return To finish out the time so he has a solid reference. Perhaps there is a telework arrangement that could be a solution.
This may all be solved by finding out quickly if HR agrees that this is an extenuating circumstance and waives the 120 clause and your husband in good faith give max notice.
The other option is for him to give 120 days notice now, and follow along later. Perhaps takes a week of leave to help move, then return To finish out the time so he has a solid reference. Perhaps there is a telework arrangement that could be a solution.
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CPT Lawrence Cable
From the practical side of industry for the last couple decades plus, a couple of comments. If you live in a state that is employment at will, it is impossible to enforce an employment contract that does not offer financial compensation for the employee if the employer decides to terminate. Another example are no compete clauses. If the company that is asking for it does not offer to compensate you for the non compete, it's not worth the paper used. A lot of companies ask for silly one sided stuff that they know they can't enforce in a court of law.
OTOH, I agree that you should try to come to a mutual agreement with your employer if possible. The top people in an industry tend to show up again and leaving a company on good terms is always the best solution as long as it doesn't effect your career path. That said, I left two of the previous three companies without notice and my only regret is that I didn't leave the one sooner. There are toxic companies that aren't worth the effort to try and treat politely.
OTOH, I agree that you should try to come to a mutual agreement with your employer if possible. The top people in an industry tend to show up again and leaving a company on good terms is always the best solution as long as it doesn't effect your career path. That said, I left two of the previous three companies without notice and my only regret is that I didn't leave the one sooner. There are toxic companies that aren't worth the effort to try and treat politely.
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