It is common practice to give a two weeks' notice before quitting your job. Is it required by law in the state of New York? That's a common question we receive, which will be addressed in the following blog post, along with standard practices and employment law. If you're leaving your job in New York, it's in your best interest to familiarize yourself with the process and know what your rights are.

Although there is no legal requirement to give notice, it's important to follow some of our recommended guidelines to protect your rights.

Get in touch with the NY employment law attorneys at Brandon J. Broderick, Attorney at Law if you have any concerns about workplace laws or have been injured on the job.

Is A Two Weeks Notice Required by Law In New York?

There is no specific law requiring notice to your employer if you choose to quit or leave your job. New York is an "at-will employment" state, which means that private employers in the state can terminate a worker for any reason, as long as it doesn't break any discrimination laws or falls under wrongful termination. Workers under an at-will employment are also free to leave at any time and for any reason. With that said, there isn't any legal requirement to provide notice prior to leaving the job.

This is true unless you have an employment contract that has a notice provision. Under this circumstance, you must adhere to the notice clause in your employment contract if it requires it; otherwise, you will be in violation of your contract.

Why Is It Good Practice To Give Notice To An Employer?

Workers are under no obligation to provide advance notice to leave their job, although doing so is considered common courtesy. This will allow your employer enough time to find a replacement and have everything ready for the changeover. This makes the departure easier for the company, leaving you on good terms with your boss and any coworkers who may fill in for you temporarily. In giving notice, your former employer or fellow co-workers may be able to provide you with references you'll need down the road, or you may collaborate with them at another company.

By giving notice, you maintain an air of professionalism and avoid needlessly damaging relationships. An employee's duty to provide advance notice increases in proportion to the seniority of their job, even though this is not always mandated by law. Two weeks' notice is the standard for administrative, clerical, and support workers. To make sure clients and accounts are transferred smoothly, executives and experts like accountants and lawyers should offer at least four weeks' notice.

The Right Way To Give Notice

How notice is given is also not required by law. But generally speaking, there are a few things that workers should do when providing notice to their employer.

• Tell your boss first. If you want to keep something from getting out to your immediate supervisor, it's best to talk to them first. You risk damaging your supervisor's reputation inside the organization or making them feel insulted. This could impact your ability to obtain a positive reference down the road.
• Be brief. Just mention that you are departing and the date of your final day; it is not necessary to explain why or where you are going. If you have any extra information, it is better to communicate it verbally and one-on-one instead of circulating a written notification.
• Be professional. Being polite and leaving on good terms is the polite thing to do regardless of how you feel about your job or coworkers. Thank your coworkers if it is warranted.

Do I Have Rights After I Give Notice?

Your employer is under no legal obligation to keep you on the payroll until the final day. There is a time limit on your eligibility for unemployment benefits in the event that you lose your job though. In most cases, resigning rather than being fired will prevent you from collecting unemployment benefits.

Your current health insurance plan through your job is still an option for you to keep. That being said, COBRA requires you to pay for it out of pocket.

Have Questions or Need Legal Help? Our NY Employment Law Lawyers Are Here For You

Contact our NY employment lawyers for help if you need legal help. Brandon J. Broderick, Attorney at Law has helped countless clients with workers comp or related cases. We have the experience and expertise to assist.

If you need legal assistance, contact us today to schedule an appointment to speak with one of our lawyers.