Resignation

rstewart · Jun 2, 2004

I see some information here that I would like to correct if I may...... Specifically, the notion that notice is required under our labor laws and that the length of that required notice is somehow related to the worker's length of pay periods. Simply put, that is just not true.

One poster complained that it doesn't seem fair that the employment at will doctrine is seemingly one sided (that the employer need not give notification before termination of the employment relationship but the employee is so obligated.) That is not the case and in fact that is the rationale behind the so called "fairness" of the doctrine: the at will employee is also free to terminate their employment at any time.

Now as a practical matter, the field is in no way level. If the employee leaves without notice they may not be eligible for rehire, may get poor references etc. and to some degree the employer may be inconvenienced. On the other hand if the employer exercises their option and suddenly terminates the employee the employee is suddenly without income etc......quite a bit more hardship in my opinion.

Even within an at will state, if an employee has a contract (union or otherwise) that is what controls. Keep in mind that nearly all states are at will states, Montana being an exception. Do not make the common mistake of confusing right to work states with employment at will states. Right to work is legislation which outlaws contracts which require employees to join a union; it is more difficult (but not impossible) to obtain union representation in those states (since it is a financial hardship on the union to have all employees benefit from their efforts but only some pay dues) and therefore employees in those states typically do not have the protection that union contracts may provide. At will employment on the other hand basically means that in the absence of a contract stating otherwise the employer-employee relationship can be terminated by either party at any time for any reason or no reason at all.

Quickbeam, BSN, RN · Jun 2, 2004

The whole reference thing is a bit misleading since former employers can say almost nothing any more. They are often limited to length of service information.

Employers can have all kinds of wacky rules. I once worked for a hospital that forbid anyone to quit within a month of Christmas. I had to move 12/10 that year because of my husband's transfer. They were outraged but it never affected my ability to get a job later.

CHATSDALE · Jun 2, 2004

Give Them The Most Notice That You Possibly Can Sometimes That Is What You Have To Do---i Have Given Notice And Then Let Go Because They "had To Hire Someone That Was Available"

This Backfired On Them When Other Employees Left W/o Notice...if The Other Postion Is Filled Before You Can Take It It Will Not Be Good For You Or For Your Family....put In Your Resignation Level The Notice That You Are Giving And Why And That This Was The Verbal Agreement When You Were Hired...also Be Sure That Anticipated Employer Knows What Is Going On And Get In Writing What Notice They Will Require...

gypsyatheart · Jun 2, 2004

I would do what's best for myself and my family. Two weeks notice is quite sufficient. I do know that managers/administrators are expected to give a 4 week notice. I think they're just trying to hold on to you, get more time out of you anyway. As for your new job wanting you bad enough....well, I say, how badly do you want the new job? Do you ever plan on going back to your present job? It is true that employers are limited in what they can say in terms of your employment....basically, dates of employment, status, job title. They can list you as a "do not re-hire"....but if that is ever an issue, you could explain it easily by explaining you gave the standard 2-week notice, but they were unreasonably expecting a longer than normal notice....you are giving notice after all.

I wish more nurses would start standing up for themselves....and people wonder why nurses are leaving the field in droves..... I am sick of management trying to pull these shady deals and treat us like we are children! We are not indentured servants, we are professionals and have the right to work where we please. It's not like you are walking out of the joint without any notice at all!

redshiloh · Jun 2, 2004

Hopefully, if you are up front and don't get ugly about it your employer will do the same. Give them 2 weeks, explain why, being professional and courteous while you do so. Do not give up an opportunity that is in your best interest.

Agnus · Jun 2, 2004

Legally if you are an "at will employee" that is they can fire you at anytime with or without cause then you are also free to leave at any time.

Unless you are under a specific contract then you are an "at will employee."

Now they can ask for any amount of notice. Key word is 'ask". Unless they routienly give 2 or 4 weeks notice before letting someone go or give an equivalent severance package, they can not require you to give the same notice.

Courtesy says you give as much notice as possible. A new employer should understand if you need to give notice and delay starting your new job, because they would expect the same courtesy when you leave them.

Give what ever notice you feel comfortable with. If you are unable or unwilling to give more than 2 weeks then don't.

Agnus · Jun 2, 2004

The whole reference thing is a bit misleading since former employers can say almost nothing any more. They are often limited to length of service information.
Employers can have all kinds of wacky rules. I once worked for a hospital that forbid anyone to quit within a month of Christmas. I had to move 12/10 that year because of my husband's transfer. They were outraged but it never affected my ability to get a job later.

They forbade it :rotfl:

There are laws against slavery. They cannot forbid you quit ever even with a contract. You can break contacts. There may be consequences to breaking a contract but those consequences must be spelled out in the contract.

Jolie, BSN · Jun 2, 2004

I agree with those who recommend you give as much notice as possible. Unless you are in a situation where your license and/or mental health is in imminent danger, it is best to leave with full notice (per hospital policy and pricedure). That way, there will be no question as to your eligibility for earned paid time off, continuing insurance benefits, eligibility for re-hire, etc.

As a former nurse manager, I would NEVER encourage a potential hire to leave their current job on short notice. To do so without strong justification, such as unsafe working conditions, creates a negative impression of that candidate. If you're willing to jump ship on your current employer, how do I know you won't do it to me a few months down the road? Also, even though the new job looks good now, if it doesn't work out, you may need the option of returning to your current employer.

Good luck!

rjflyn, ASN, RN · Jun 2, 2004

One last thing how much vacation time do you have. For example if you have 2 weeks left and can only give 2 weeks notice you can give a 4 week notice with the last two weeks of it you being "on vacation". Rj