In California, there is generally no requirement that you give your employer give two weeks notice, or any notice for that matter, 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 you go at any time.
In a similar vein, California labor laws say that you can terminate an employment relationship or quit your job whenever you 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 you to give notice prior to leaving the business.
The main legal benefit of giving notice pertains to the payment of wages. If you quit or resign without providing prior notice to the employer, the employer generally has to make your final payment available within 72 hours.
However, if you provide at least 72 hours’ notice of your intention to quit, the employer has to make final wages available at the time of quitting.
There are definitely times, though, when you may need to leave a job without any notice. Examples include when your employer engages in:
Examples also include when you feel threatened at work due to:
Our California labor and employment attorneys will highlight the following in this article:
- 1. In California, can I quit a job on the spot?
- 2. What are the pros and cons of giving notice?
- 3. Are there times when I shouldn’t give notice?
- 4. Are there exceptions to at-will employment??
Two weeks notice is not generally required under California law.
1. In California, can I quit a job on the spot?
California laws say that, in general, you are not required to give your employers two weeks notice prior to quitting or leaving a job.
For example, if you are an employee of a Los Angeles based company, you can get up and leave your 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 you, 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 you to give a certain notice. In addition, an employee handbook may necessitate the need for a notice.
It is in your best interest to check with company policies, if considering leaving a job, to learn more about your legal rights and responsibilities.
Note that some people choose to leave work without telling their boss at all. There is no across-the-board rule, though many companies consider three days of unexplained work absence to be constructive quitting. See our related article, Job abandonment in California – What is it and what is the law?
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 you quit or resign without providing prior notice to your employer, they generally have to make your final payment available within 72 hours.
However, if you provide at least 72 hours notice of your intention to quit, your 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 you give 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 you since you may need a reference from your 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 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
3. Are there times when I shouldn’t give notice?
There are definitely times when you should leave a job without giving notice. Most of these times occur when the employer violates the law, or you feel threatened.
Examples of times when you 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.
You should also leave without notice when you 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 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
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.
Legal References:
- California Labor Code 2922.
- 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.