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How Much Notice is Legally Required for a Resignation

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  • 12-11-2013, 10:45 AM
    Tutor123
    How Much Notice is Legally Required for a Resignation
    My question involves labor and employment law for the state of: California


    I'd like to know how much notice will I be legally required to give before I can quit my job?

    I'm working at a small tutoring center in California that gives me very few & unstable working hours. There was no signing bonus or any other benefits. I don't remember if the employer stated that employees are at-will, and it'd be strange and somewhat inappropriate to ask.

    My employee handbook states, "The employment Contract is for one year and can be renewed after the first year if both parties are in agreement..."
    There's no information on how employees should handle resignations. Am I legally required to complete the one year term? If not, then would a two-week notice be sufficient?
  • 12-11-2013, 11:49 AM
    cbg
    Re: How Much Notice is Legally Required for a Resignation
    That depends on whether or not you actually signed a legally binding and enforceable contract or not.

    If you are not under contract, the amount of notice you are legally required to give is zero. You can call up and say, "Boss, I'm not coming in today, or ever again." You can say as you are walking out the door one night, "Oh, btw, today was my last day." No notice whatsoever is required by law.

    If you signed an actual contract that specifies that you must give x amount of notice, you can still walk out the door with no notice but your employer *may* be able to take legal action against you.

    An employee handbook is rarely considered a legally binding contract. However, you would need to show it to a California attorney to be certain.

    At-will is the default. It doesn't matter whether the employer said so or not; you're at-will unless you signed something that says you're not.
  • 12-11-2013, 11:53 AM
    Mr. Knowitall
    Re: How Much Notice is Legally Required for a Resignation
    Are you an employee or an independent contractor?
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