Legal Question in Employment Law in California

Resigning from a Job

I am ready to resign from my current job, but I remember signing an employee regulations type of sheet where it said that I have to give four weeks notice. I am needed at my new job within the standard two weeks. Is it legal to require an employee to stay at a job for more than two weeks?


Asked on 7/30/00, 3:51 am

2 Answers from Attorneys
Paul Crost Reich, Adell, Crost & Cvitan

Re: Resigning from a Job

Generally notice requirements are not enforceable. However, your employment agreement may contain language which imposes an obligation on you to stay the full four weeks. If you leave after two, could your employer prove that it suffered any actual damages as a result of your not staying the extra two weeks? Most employers would not want to keep an employee in your circumstances since you may cause more problems if you are required to stay. Chances are you will be able to work it out with your employer, who may even want you to leave before the two weeks are up. If the agreement does not spell out any penalty for an early departure, and if you can't get an agreement as to your end date, I'd take the chance and go to the new job.

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Answered on 9/12/00, 10:04 pm
Ken Koury Kenneth P. Koury, Esq.

Re: Resigning from a Job

You are not really required to give any notice but two week is considered polite.

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Answered on 9/13/00, 3:02 am


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