In California, there is generally no requirement that an employee or an employer give two weeks notice, or any notice, before quitting or terminating a job. This is because California is an “at-will“ employment state.
“At-will” employment laws mean that employers can layoff, fire, or let their employees go at any time. In a similar vein, California labor laws say that at-will employees can terminate an employment relationship or quit their job whenever they want. This is true even without giving a two-week notice.
Note, however, that these rules do not apply to every type of employment arrangement. State law carves out some exceptions to at-will employment. The most popular is an employment relationship governed by an employment contract, including an implied contract.
In these situations, the contract may require the worker to give notice prior to leaving the business.
The main legal benefit of giving notice pertains to the payment of wages. If an employee quits or resigns without providing prior notice to the employer, the employer generally has to make the employee’s final payment available within 72 hours.
However, if the employee provides at least 72 hours’ notice of his or her intention to quit, the employer has to make final wages available at the time of quitting.
There are definitely times, though, when a worker should leave a job without any notice. Examples include when the worker engages in:
Examples also include when the worker feels threatened at work due to:
Our California labor and employment attorneys will highlight the following in this article:
- 1. In California, can you quit a job on the spot?
- 2. What are the pros and cons of giving notice?
- 3. Are there times when an employee should leave a job without giving notice?
- 4. Are there times when an employee shouldn’t give notice?
Two weeks notice is not generally required under California law.
1. In California, can you quit a job on the spot?
California laws say that, in general, employees are not required to give their employers two weeks notice prior to quitting or leaving a job.
For example, an employee of a Los Angeles based company can get up and leave his or her job (in most cases) without any legal obligation to:
- give advance notice to the company, or
- say anything in advance to co-workers.
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:
- any time,
- by either the employer or employee, and
- without any early or advance notice to the other party.1
Note, though, that there are some exceptions to this general rule of giving no notice. Some employment contracts might require an employee to give a certain notice. In addition, an employee handbook may necessitate the need for a notice.
It is in an employee’s best interest to check with company policies, if considering leaving a job, to learn more about his or her legal rights and responsibilities.
2. What are the pros and cons of giving notice?
With most things, giving prior notice of leaving a job comes with certain:
- advantages, and
- disadvantages.
2.1. Pros of a notice period
There are some definite legal and practical benefits of giving an employer early news of leaving a job.
The main legal benefit of giving notice pertains to the payment of wages. If an employee quits or resigns without providing prior notice to the employer, the employer generally has to make the employee’s final payment available within 72 hours.
However, if the employee provides at least 72 hours’ notice of his or her intention to quit, the employer has to make final wages available at the time of quitting.
Wages include money for PTO and vacation time.
Therefore, advanced notice is best for a final paycheck and a higher payday.
The practical benefit of notice is that it helps the employer. When a worker gives an early indication of leaving, the employer can plan for the occasion and, if necessary, hire a replacement.
This provides for a better work environment and it makes the employer happy.
Note that this happiness is a good thing for the employee since he/she may need a reference from the former employer for any new job.
2.2. Cons of a notice
The main disadvantage of a notice relates back to the fact that California is an at-will state.
This means if a worker gives two weeks notice, the employer can still go ahead and fire the worker before the notice period expires. This can take place and even leave the worker without a wrongful termination claim.2
3. Are there times when an employee shouldn’t give notice?
There are definitely times when a worker should leave a job without giving notice. Most of these times occur when the employer violates the law, or the employee feels threatened.
Examples of times when a worker should leave without notice are when the employer engages in:
- age discrimination,
- employment discrimination,
- race discrimination,
- disability discrimination,
- gender discrimination,
- religious discrimination, and
- medical condition discrimination.
Workers should also leave without notice when they feel threatened at work, perhaps due to:
- some type of harassment, either sexual or non-sexual harassment,
- bullying, or
- a hostile work environment.
That said, the victim of discrimination or harassment is advised to speak with a labor law attorney for guidance before taking any action, including leaving the job.3
4. Are there exceptions to at-will employment?
At-will employment is not the only employment model that is recognized under California law.
The law does recognize some exceptions to an at-will employment arrangement. The most popular is when an employment relationship is governed by an employment contract, including implied contracts.
Here, the terms of the contract may specify:
- when an employer can fire an employee or terminate his/her employment, and
- when and how an employee can leave his/her work or quit his/her job.
The contract typically also provides details on:
- the employee’s pay or salary,
- the availability of unemployment insurance if employment is terminated,
- work hours,
- the employee’s job duties, and
- the length of the employment relationship.4
For additional help…
Contact our attorneys for help with any labor or employment law issues.
For additional guidance or to discuss your case with a labor and employment lawyer, we invite you to contact our law firm at Shouse Law Group. We create attorney-client relationships throughout the state of California. And we provide a free consultation and trusted legal advice you can rely on. We also offer payment plans during the COVID 19 pandemic.
Disclaimer: Past results do not guarantee future results.
Legal References:
- California Labor Code 2922 LC.
- Same. See, for example, Jones v. Lodge at Torrey Pines Partnership (2008) 42 Cal. 4th 1158, 177 P.3d 232,72 Cal. Rptr. 3d 624.
- See, for example, Sanchez v. Unemployment Ins. Appeals Bd., (1984) 36 Cal. 3d 575, 685 P.2d 61, 205 Cal. Rptr. 501.
- See, for example, Scott v. Pacific Gas & Electric Co., (1995) 11 Cal. 4th 454, 904 P.2d 834, 46 Cal. Rptr. 2d 427; see, for example, Guz v. Bechtel National, Inc., (2000) 24 Cal. 4th 317, 8 P.3d 1089, 100 Cal. Rptr. 2d 352.