Can an at-will employee be required to give notice before leaving?

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Can an at-will employee be required to give notice before leaving?

Can an at-will employee be required to give notice before leaving?

Posted by on Nov 17, 2017 in Blog News

How do I keep an employee at-will but require them to give notice before leaving?

At-will employment means an employee can be terminated by an employer at any time, for any reason, and without warning. The employer does not have to establish “just cause” for termination.

Unfortunately, an employer may not simultaneously utilize the at-will employment provisions and require that an employee provide notice ahead of separation. Instead, I recommend requesting that employees provide notice as a professional courtesy so that you have time to make plans for their replacement or cover their duties, making the transition smoother for their co-workers and customers.

Beyond this, you may remind employees that their notice (or lack thereof) will be taken into consideration should they seek re-employment with the company or should a future employer seek an employment reference. If a future employer contacts you for a reference check, you may share that the individual quit with no notice, or did not provide sufficient notice ahead of their separation per the company’s request.

While you can’t require at-will employees to give notice, giving these reminders may encourage employees to provide notice ahead of their departure.