How Much Notice Does An Employee Have To Give When Resigning

HomeEmployment AgreementHow Much Notice Does An Employee Have To Give When Resigning
November 28, 2022

As an employee, you are in an ironic position. Even though your employer hires you at will, you are expected to give at least two weeks’ notice before you quit. Well, at least that’s the case for other workers.

For California workers, you don’t have to worry about giving two weeks’ notice to your employer. There is no requirement that you must give your employer two weeks’ notice. At Olivier & Schreiber, LLP, our employment law attorneys represent all types of employees dealing with employment issues.

Your At-Will Status

Many California workers are employed through an at-will arrangement. When employed at will, your employers can terminate you or lay you off at any time without any reason.

But just like your employers have the right to let you go at any will, you have the right to quit at any will. In many employment arrangements, you do not have to give your employer two weeks’ notice before quitting.

But what if you enter an employment contract with your employer? Are you still able to quit without giving two weeks’ notice?

Contract Requirements

In employment contracts, your employer could include clauses that require you to give two weeks’ notice before quitting.

The main reason has to do with future wage issues. When you resign without giving your employer prior notice, they are required by law to give you your final payment within 72 hours.

But if you give your employer at least 72 hours’ notice, your employer must make your final payment available at the time of quitting.

Terms Of Your Employment Contract

Your employment contract must specify certain information about your termination and how you can quit your job.

This information includes when your employer can terminate you and how you can quit. In addition, your employment contract should include details about your salary, whether you can apply for unemployment insurance and the length of your employment relationship.

Legal Exceptions

But there are legitimate reasons for you to automatically resign without giving any notice. These exceptions are usually when your employee rights have been violated.

You don’t have to give notice before quitting if you have endured employment discrimination or sexual harassment or currently work in a hostile environment. It would be in your best interest to leave without notifying your employer when you have been harassed at work.

How Giving Notice Can Work Against You

In some cases, some ways giving notice can work against you. Let’s say you give your employer two weeks’ notice before quitting. Your employer still has the chance to terminate you before your two weeks are up. That prevents you from being able to sue your employer for wrongful termination.

Discuss Your Employment Contract With An Employment Attorney

When you want to discuss how your employment contract affects your employee rights, contact an attorney from Olivier & Schreiber LLP. Our experienced employment lawyers can make sure that your contract is in your best interest. Contact us online to schedule your free consultation.




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