Published Nov 2, 2008
lannisz
260 Posts
I have a written agreement, that I signed at my employer saying the position is "at will" and that either party can end the employment relationship with 1 month notice. It goes on to say that the employer "will try to attempt to give 1 month notice if they terminate the employee."
So, my question - do I have to give 1 month notice? What would happen to me if I gave 3 weeks notice....I mean truly, they can "try" but I "must"? hmmm...anybody had this situation? What are the rules about giving notice and the repercussions if you give less notice than requested?
JDCitizen
708 Posts
I have a written agreement, that I signed at my employer saying the position is "at will" and that either party can end the employment relationship with 1 month notice. It goes on to say that the employer "will try to attempt to give 1 month notice if they terminate the employee." So, my question - do I have to give 1 month notice? What would happen to me if I gave 3 weeks notice....I mean truly, they can "try" but I "must"? hmmm...anybody had this situation? What are the rules about giving notice and the repercussions if you give less notice than requested?
What does the employee side of the contract state? The written agreement sounds like a contract? I don't know what would happen, depends on how your employer sees it, how the contract (agreement) is written up and your states laws... Some places the at will clause means you don't have to give notice. Again it really, really depends on how it is written up.
VivaLasViejas, ASN, RN
22 Articles; 9,996 Posts
For most professional jobs, the customary notice is at least 30 days. This is generally expected at the professional level because it gives the employer time to find a replacement for you, which of course almost never happens before you leave. Why? Because they a) don't start really looking for someone until 2-3 weeks into your notice period, and b) they don't really want you to train the replacement because they fear you'll influence her/him by telling her/him how things REALLY work around there.
ANPFNPGNP
685 Posts
I'm pretty sure you have to give 30 days notice. I think the "at will" part only applies to the employer. If you only give 3 weeks notice, then they can say you violated the contract and not give you your last pay check. Employers write these contracts to protect their interests and not ours.
I had a one year contract with a primary care practice that was up on 10/31. I had just landed a job in the ER, but was waiting on credentialing, which was supposed to take another month to complete. They got me credentialed at all the hospitals last Thursday and they wanted me to start on November 3 (tomorrow). I hated turning in my resignation letter at the very last minute and one of the doctors was pretty upset...he thought someone had said something to me that made me quit! I felt SO bad. I explained everything to him and he understood. I'm getting paid so much more with full benefits and lots of time off. He said there was no way he could compete with that. The timing just happened that way. The ER job just kinda fell into my lap a few weeks ago...I wasn't even looking. I still felt really bad about not being able to give any notice!
core0
1,831 Posts
I'm pretty sure you have to give 30 days notice. I think the "at will" part only applies to the employer. If you only give 3 weeks notice, then they can say you violated the contract and not give you your last pay check. Employers write these contracts to protect their interests and not ours.I had a one year contract with a primary care practice that was up on 10/31. I had just landed a job in the ER, but was waiting on credentialing, which was supposed to take another month to complete. They got me credentialed at all the hospitals last Thursday and they wanted me to start on November 3 (tomorrow). I hated turning in my resignation letter at the very last minute and one of the doctors was pretty upset...he thought someone had said something to me that made me quit! I felt SO bad. I explained everything to him and he understood. I'm getting paid so much more with full benefits and lots of time off. He said there was no way he could compete with that. The timing just happened that way. The ER job just kinda fell into my lap a few weeks ago...I wasn't even looking. I still felt really bad about not being able to give any notice!
If you are at will there is no requirement that you give them any notice, just as there is no requirement that they give you any notice. This is the definition of at will. There are exceptions but for most companies this is how it works.
I would disagree with a 30 day rule. If you are parting under good circumstances then you can give them longer. 2 weeks is a general professional notification. If you have a contract then you have to abide by that contract.
Here are a couple of articles that explain at will employment:
http://www.lawmemo.com/101/2005/12/employment_atwi_1.html
http://www.nolo.com/article.cfm/ObjectID/AAD74992-4C86-44DA-8102A340BCEC520A/catID/D348BE73-C552-4D58-B00586C0C0909EFA/104/150/269/ART/
David Carpenter, PA-C