California Resignation Law – Do I have to give 2 weeks’ notice?

In California, there is generally no requirement that you give your employer two weeks’ notice (or any notice for that matter) before quitting a job.

That said, employers who receive two weeks’ notice may be more likely to give you positive references in the future. You also may be required to give notice if you and your employer have an express or implied employment contract.

If you give at least 72 hours’ notice before quitting, your employer must give you your final paycheck when you leave. If you quit without notice, then your employer has 72 hours’ to give you your final paycheck.

In most cases, employers do not need to give you notice before laying off or firing you because California is an “at-will” employment state.

In this article, our California labor and employment attorneys will address the following key issues:

• 1. Quitting without Notice
• 2. Pros and Cons
• 3. When Not to Give Notice
• 4. Exceptions to At-Will Employment
• 5. Resignation Letters
• 6. Final Paychecks
• Frequently Asked Questions
• Additional Resources

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1. Quitting without Notice

Employees in California are generally allowed to quit on the spot without notice. This is because under California Labor Code 2922, all employees in the state are presumed to be “at-will.” “At-will” employment means employment can be terminated at:

1. any time,
2. by either the employer or you, and
3. without any early or advance notice to the other party.¹

Note, though, that some employment contracts might require you to give notice. Also, your employee handbook may outline procedures you must follow if you wish to quit.

It is in your best interest to check with the company policies to learn more about your legal rights and responsibilities. There is no across-the-board rule, though many companies consider three days of unexplained work absence to be constructive quitting.

2. Pros and Cons

The pros of giving notice when quitting a job in California include:

1. Your final paycheck should be given to you at the time you leave (as long as you give 72 hours’ notice);
2. Notice gives your employer an opportunity to try to persuade you to stay, which may include a substantial raise or increased benefits; and
3. Your employer will likely give you a better reference for future job opportunities; whereas if you leave them in a lurch, they may badmouth you to potential employers.

Meanwhile, the main disadvantage of giving notice relates back to the fact that California is an at-will state: If you give two weeks’ notice, the employer can still go ahead and fire you before the notice period expires. This can take place and even leave you without a wrongful termination claim.²

There is no two weeks’ notice law in California.

3. When Not to Give Notice

Examples of when you should leave your job in California without notice are when the employer breaks the law, such as by engaging in:

• age discrimination,
• employment discrimination,
• race discrimination,
• disability discrimination,
• gender discrimination,
• religious discrimination, or
• medical condition discrimination.

You should also leave without notice when you feel endangered at work, perhaps due to:

• sexual or non-sexual harassment,
• co-worker harassment or harassment by a supervisor,
• bullying, or
• a hostile work environment.

That said, you are advised to speak with a labor law attorney for guidance before taking any action.³

4. Exceptions to At-Will Employment

California law does recognize some exceptions to an at-will employment arrangement. The most common is when an employment contract, including an implied contract, governs an employment relationship.

The terms of the contract may specify:

• when an employer can fire you or terminate your employment, and
• when and how you can leave your work or quit your job.

The contract typically also provides details on:

• your pay or salary,
• the availability of unemployment insurance if employment is terminated,
• work hours,
• your job duties, and
• the length of the employment relationship.⁴

Resignation letters should be short and polite.

5. Resignation Letters

A resignation letter should be gracious and include all the key information your California employer needs to know, including your final day of work. For example:

Dear [Manager’s Name],

I am writing to inform you of my resignation from my position as [position title] at [company name], effective [two weeks from today’s date].

I have sincerely enjoyed and appreciated the opportunities I’ve had working at [company name] over the past [number of years/months]. This was a difficult decision for me, but I believe it is the right next step in my career.

Thank you for your mentorship and support during my time here. I will cherish the relationships I’ve built and knowledge I’ve gained while working alongside such a talented team.

Please let me know if there is anything I can do to assist with the transition of my duties over the next two weeks. I wish you and the team all the best.

Sincerely, [Your Name]

If you bear ill will towards your employer, your resignation letter is usually not the time to air your grievances. Every case is different, but you are advised not to include anything negative in your letter.

6. Final Paychecks

If you resign from your job in California with at least 72 hours’ notice, you should receive your final paycheck on your last day of work. Otherwise, the employer has 72 hours to pay you after you give notice.

Note that there are special extended deadlines for film industry workers, seasonal employees, and certain other occupations.

Your final paycheck must include all unpaid wages owed plus any accrued:

• vacation time,
• commissions, and
• other benefits owed.

If there is a dispute, you can file a wage claim with the California Labor Commissioner’s Office and potentially receive up to 30 days of waiting time penalties in addition to your back pay.⁵

Many employers appreciate getting as much advanced notice as possible when you quit.

Frequently Asked Questions

What happens if my employer fires me right after I give two weeks’ notice?

In California, your employer can legally fire you immediately after you give notice since California is an “at-will” employment state. This means either you or your employer can end the job at any time without notice, and this situation typically wouldn’t qualify as wrongful termination.

When will I get my final paycheck if I quit my job?

If you give at least 72 hours’ notice before quitting, your employer must give you your final paycheck on your last day of work. If you quit without any notice, your employer has 72 hours to provide your final paycheck after you leave.

Do I have to follow company policy about giving notice even though California doesn’t require it?

While California law doesn’t require notice, you should check your employment contract and employee handbook. Some contracts may require you to give notice, and company policies may outline specific procedures you need to follow when resigning.

Should I give notice if my workplace has harassment or discrimination?

No, you should leave immediately if you’re experiencing illegal activities like discrimination, harassment, bullying, or feel endangered at work. In these situations, it’s better to prioritize your safety and speak with a labor law attorney for guidance.

Additional Resources

For more information beyond California’s resignation laws, refer to the following:

• How To Resign From Your Job In The Most Professional Way – Article by Forbes.
• How to Write a Job Resignation Letter – Guide by Business News Daily.
• 3 Best Resignation Letter Examples – Samples and tips provided by The Entrepreneur.
• Top 10 Good Reasons to Quit Your Job – Discussion by financial website, The Balance.
• Why Does Quitting Your Job Still Feel So Hard? – Article by BBC Worklife.

See our related article, Job abandonment in California – What is it and what is the law?

Legal References: