Two Week Letter Notice

Do Individuals Have to Give Two Weeks’ Notice Before Quitting Their Job in California?

Many employees across the state of California wonder if the “two weeks’ notice” rule applies to them. In brief, the answer is that there is no lawful requirement in California that requires employees to inform their employees two weeks before they quit.

California is, similar to most states, a state of at-will employment. At-will employment implies that California workers can quit their positions anytime, for any reason, and without providing notice.

On the other hand, businesses in California can terminate their employees at any time, for any reason, and without giving notice.

In this article, we will go over the two-week notice rule in California and exceptions to the rule. We will also cover all the nuances of the two weeks rule and explain how workers can successfully decide whether to provide notice to their employer.

Exceptions to the Rule

As with most rules, there are some exceptions to the fact that two weeks’ notice is not necessary for California.

For example, if the individual has an employment contract with an advance notice provision built into it, then this fact would override other policies.

Some companies elect to require a specific amount of advance notice before workers leave their jobs, which is the company’s decision. An employer might include a policy like this in the handbook or review it during the interview process. If so, then that policy overrides anything else.

An advance notice clause or provision is sometimes built into a worker’s contract.

Before deciding whether to provide notice of their leaving, workers should check all of these fundamental documents. In addition, this act will help ensure that employees do not violate the company’s employment policies.

Another exception to the rule is more subjective in nature than a rule in a handbook or a provision in a contract. The idea is that most employers in California and elsewhere “expect” two weeks’ notice from workers because it is an accepted norm. Providing an employer with a couple of weeks’ warning to prepare for a worker’s departure has become customary across the country. As a result, many businesses expect it as a courtesy without devoting much thought to it.

However, this does not mean that giving two weeks’ notice is always mandatory; in many cases, it is not. However, most attorneys will tell workers that even if the idea is not specified in a contract, handbook, or document, giving two weeks of notice is a good idea—even when it is not a legal obligation.

What Are the Benefits of Giving Two Weeks’ Notice?

Most companies appreciate it when their workers provide a warning that they are leaving. Why? Advance notice allows busy employers to prepare for the employee’s departure.

When a worker leaves a company, usually, the business must quickly fill their position with an appropriate candidate. The transition takes time and training, and sometimes during the two weeks of notice, the worker who is departing is asked to help their replacement fit in and learn the ropes. However, the employer handles the transition; the more time they have, the easier it will be.

When employees provide advance notice, they also endear themselves to the company, setting themselves up for a letter of recommendation or a return to the company in the future. In addition, businesses appreciate the “head up” that a worker’s notification represents, and the worker leaves a good impression on their soon-to-be former business.

Giving two weeks’ notice is also often regarded as a strong indication of good character, respect, and due diligence. In addition, the act shows employers that the employee cares about the company and the people who run it.

Therefore, if possible, we advise that California employees provide this notice to their employers.

What Are the Drawbacks of Giving Two Weeks’ Notice?

Unfortunately, with advantages come drawbacks, and sometimes providing two weeks’ notice to one’s California employer can create problems.

In some situations, employers become angry about losing an employee and may retaliate against the person. Perhaps by taking out their frustration with the business, an employer can view the two weeks as an opportunity to punish the employee and make their last two weeks difficult to endure.

This punishment can involve

behavior such as providing negative “recommendation” letters, damaging relationships, compromising personal information, or even harassment and discrimination.

We have witnessed cases where the employer terminates the employee during their two weeks of advance notice, a seemingly illogical but damaging tactic.

However, businesses that behave this way are within the minority, and these disadvantages should not convince employees to forego providing advance notice.

When is Quitting Without Giving Notice Acceptable?

We also need to consider that sometimes, it is not possible for workers to provide employers with advance notice. In situations fraught with tension, emergency scenarios, or whenever an employee’s health or safety is compromised, giving notice may be an afterthought.

What types of situations make providing notice difficult or impossible? Here are a few scenarios:

• When a worker is sexually harassed
• When an employee is discriminated against
• When an employee’s health or safety is put at risk
• When a worker feels threatened in any way
• When employees are exposed to a hostile work environment and/or bullied
• When the worker knows that if they provide advance notice, their employer will retaliate
• When the employer threatens to fire the employee at present or during the two weeks