Is it legal for an employee to just quit, without notice?

Question

Asking a few today but this one affects me personally.

I am in a job that I dislike but have been offered another better one, the only complication is that I have to start it quite quickly.

Is it legal to just walk out, like being fired but you are firing the employer :-)

I know it's down to contracts etc, but what if you really can't stand to stay another moment.

Answer 1

Strictly speaking, in an employer-employee relationship that falls into the category of "at will", the answer is yes. Employment can be subject to exigencies, though, an example being a contractual agreement specifying terms and mutual obligations. A contract is a contract, and normally includes provision for breach, which you both sides would have to observe. Employees in certain industries can also be legally required by a judge (or in rare cases, officials in the executive branch) to appear on the job under certain circumstances. Military jobs are a category distinct on their own.

It's certainly professional to offer notice when resigning, but in most cases, this is a convention and a courtesy, not a legal requirement. Employers themselves run the gamut of behaviour when asking employees to leave; some give plenty of notice, others will have you escorted from the site without any notice at all. Before acting you may want to consider what consequence you will find most acceptable after the fact - i.e., do you expect to be able to ask this employer for a character reference later, and so on. It's often better to take the high road, give notice, and let the employer suggest that you leave immediately. Because you will have given notice, you will likely be paid for the two weeks (or whatever length notice you give) anyway.

Incidentally, it would be highly unusual for a employer to extend an offer in the expectation that the prospective employee quit his current position without notice.

Answer 2

Quit Without Notice

Answer 3

Perhaps you could give the notice that may be required (check your contract, if you have one) and discuss with your employer whether you actually need to work during the time of the said notice.
Depending on your relationship with your present employer he may very well agree that the notice does not need to be worked -which is perfectly legal - and let you go on excellent terms. That happened to me. I left to join another company which happened to bring a lot of business in the way of my former company. And my head was already in the new job anyway so no point staying and the not working the notice went down quite well. All the best.

Answer 4

Yes, you can legally quit any job on the spot (assuming you are employee and not a contractor.) If you are a contractor, employment laws do not apply.

I was checked with a lawyer about this once. She explained that giving notice is not required but is considered "professional courtesy." Assuming there are no other legal issues over your resignation, the employer cannot take legal action for failing to give notice. But, if they accuse you of something else, they can point out to the judge that in adddition to the issues, the person also faile to give notice. The judge will then factor that into his/her decision. For instance, you leave to join the competitor and they sue you for taking company trede secrets to them. They use the fact you didn't give notice as an argument.

Don't sweat it or sweat job anymore. Just quit. In fact, since you hate them, they probably don't like you either. Don't give notice and tell them to go **** themselves!!

-- Liam

Answer 5

Unless you signed an employment contract your employment is considered "at will" which means that you or the employer can sever the relationship at any time without notice.

Although you can leave without notice, you can't walk out and expect to get your final check right then.

Depending upon where you live the employer has a certain amount of time to prepare your final checks. In California where I live it is 3 working days.

Answer 6

Most employment is "at will" meaning they can kick you to curb anytime they want and vice versa.

Like everyone says, if you have a contract better consult it. But unless you're an insider or chief executive of some kind, you're likely an at-will employee, and they'll probably just be annoyed that you leave on short notice.

Maybe don't expect a good reference in the future?

Answer 7

You can walk out but it is much better to stay on to the term of your contract. Why?
They will probably pay you off for untaken holidays and let you go quick unless they have something that you need to finish.
It doesn't look good. If you do it to these people you might do it again. Think what future employers would think.
You might need a reference. They won't give you a good one if you walked out.

Answer 8

It's not illegal. However, you will NEVER get a good recommendation from them without the 2 week notice. (Just don't use them as a reference.)

If you happen to be under a contract where you signed that you would give a minumum 2 week notice, you may be penalized a fee for leaving them in a pinch without fulfilling that obligation giving them time to find a replacement for you.

If it were me and I just couldn't take it another minute, it would be worth the fee... if there is one. Emotional well-being is IMPORTANT!!

Good luck! ; )

Answer 9

One thing that you may have to take into consideration if you leave without giving notice, is that your new job may not work out, and you have to leave there, or even be asked to leave by your new employer....you could be in a fix for a reference for future employment... You need to think about this matter quite seriously...talk to your present employer and explain why you need to leave.

Answer 10

It's legal unless you signed a contract, and sometimes there are ways to get out of the contract. I did not sign a contract at any place I ever worked.