At Will position states I must give 2 weeks notice. How can this be?

Question

The mock contract states "Employment is at will, either party may terminate with two weeks notice.

How can it be "at will" AND require two weeks notice?

There are no length (1 year, etc) terms on the contract.

Does the employer usually REQUIRE 2 weeks notice from the employee???

Answer 1

Good answer JE094!

PLEASE, PLEASE, PLEASE understand that "employment at will" & "contract" are two different things are NOT synonomous... you can't have both.

Either you are an "at will" employee or you have an employment contract.

All but 5 states, unions, and the railroad industry as a whole are employment at will, so unless you are in one of those categories, a teacher (or similar profession/education), in high level sales or exec management, odds are that you are an at will employee just as your post states.

Therefore, you don't have a contract.... HOWEVER, if your employer is naive enough to refer to your at will status as a "mock contract" or contract, then you could have what is called an "implied contract" and push the issue based on company policy.

A LOT of companies state as a matter of company policy (not as a matter of law) that you are "required" to give a 2 weeks notice. If you fail to give the appropriate notice, then they are at liberty to write terms into their "policy" (not their contract) that they may not pay out vacation (which is correctly stated by another posted NOT to be a required benefit) or not to consider you eligible for re-hire...

The CATCH to this is if they apply this policy consistently to all employee's who fail to give a 2 week notice.... if they don't, then you may have recourse.

The CAVEAT to you is, what is that 'penalty' for failure to provide notice and is it worth it to you? Is it worth it for a future employer to check your references only to be told you are "ineligible for re-hire" just for failing to give 2 weeks notice, even if you are/were a stellar employee?

Remember "at will" is a matter of law... whereas the 2 weeks notice is simply company policy.

Answer 2

Employment at will just means either party can terminate the employment relationship with or without notice or cause. Now, the employer can't really "require" you to give two weeks notice.

But that's where many employers, unless where prohibited, put strings on accrued and unused vacation pay-out policies. Usually, these policies say that an employee will be paid for the unused vacation time if they give and work at least two weeks notice. If the employee gives any less than that, or none at all, then there is no pay-out.

Also, some employers, like mine, will not allow employees to use vacation time during their notice period.

Remember, vacation time in the United States is not a legally required benefit. In most states, employers can provide for and mandate on vacation and/or paid leave policies as they wish.

Answer 3

Well, I have one, too. It is actually good because it works both sides. For example, I am a teacher. Most teachers have a year contract. If they break that contract, in my state, I could be turned into the board and possibly lose my license. However, with my at-will contract, if I decide I am not happy or want to leave for other reasons, I am covered. There are no consequences. I believe the two-weeks allows the employer time to find a replacement and if you were let go, it would give you time to look for a new job. It is much better than just being axed one day out of the blue.

Answer 4

Remember-- "At-Will" merely means you can terminate your employment at anytime without reason or cause and so can the employer as long as it does not violate any state or Federal laws. On the good side of this is if they terminate your employment prior to the two week notification without any cause (i.e., theft, violence, destruction of company property, etc...) they would be in breach of contract and would have to pay you the entire two week salary regardless. If they do not do this you can always pursue legal action.

Answer 5

the two weeks notice is to give the employer a chance to find a replacement, and the employee a chance to find a new position some place else.

Answer 6

Every job requires 2 weeks notice. Not to mention that if your new employer finds out you didn't at the last place they won't think very highly of you. You also won't get a reference from them.

Answer 7

Find out if the state you live in is an at will state and then it is just a courtesy that they are requesting from you. What is the recourse. If they aren't guaranteeing a contract. --Gimme a break!

Answer 8

You are not a paid slave. Two weeks notice can be required, is the industry standard, and is the professional, courteous thing to do. However, they can't penalize you for not giving/working it, other than refusing to rehire you and not giving you a letter of reference.

Answer 9

I'm not sure, but I did see this clause in the personnel handbook of my previous employer and I did have to sign-off on having read this. It just gives them the legal means to "dump" you for no good reason should they seem to think it's in their best interest.

Answer 10

Wait till you have two weeks vacation, and the resign and take vacation at the same time