Are you considering quitting your job? Have you wondered whether there is a New York state law two weeks notice requirement? The state of New York is an employment-at-will state. Therefore, you don’t get punished legally if you don’t give your boss notice when you quit your job.
While employers often expect employees to give two weeks’ notice when they leave a position, sometimes an emergency like a sick family member across the country may force you to quit your job without giving much notice.
So, will you face any problems if you do not give notice? Are there any New York state law two weeks notice regulations?
When leaving a job in New York, you should understand the laws and requirements for quitting a contract job or a part-time or full-time position. Here, we will detail all the rights of employees when leaving their jobs.
Below, we will outline all the information you need to know about employment law in New York. We will discuss how you can plan out quitting your place of employment while following company policy.
If you have more questions about New York state employment law, talk with an expert employment law attorney, such as Brandon J. Broderick Attorney at Law. Our lawyers can provide you with the legal help you need.
What Is Two Weeks’ Notice?
Two weeks’ notice is exactly what it sounds like. It entails two weeks of work you guarantee to your boss before you leave your position. The idea is, when you give your boss two weeks before leaving, your manager can find a replacement for you within that period.
If you have gotten a new job somewhere else, your new company should give you a couple of weeks before requiring you to start. That is when you should give your notice to your current boss.
New York State Has At-Will Employment
The labor laws in New York state do not require workers to provide their employers with any notice when quitting their position. However, that also means that New York state’s employment-at-will law lets employers fire their workers for many different reasons without giving those employees any notice.
Employees also do not need to give a reason for quitting a job and are not required to provide any notice. The labor laws do require the employer to pay their employees for every day and hour they worked since their last payday.
Exceptions for the At-Will Employment Law
Generally, workers have employment-at-will labor laws in New York, which means they can leave their jobs at any time. However, there are certain exceptions to that law. Below, we outlined the most common exceptions for at-will employment in New York, including
- Certain employee classifications
- Wrongful termination
- Severance packages
- Contract work
Certain Employee Groups
You will see that there are numerous groups of employees who do not get considered “at-will” workers. For example, civil or government workers have certain laws that protect them from standard “at-will employment” labor laws. Union members also have the benefits of a collective bargaining agreement along with regulations like the National Labor Relations Act.
Wrongful Termination
You will see that certain laws will prevent an employer from firing you despite at-will employment regulations. These exceptions include firing someone due to
- Race/color
- Ethnicity and national origin
- Gender
- Age
- Disability
- Religion
- Pregnancy or marital status
- Sexual orientation
- Military service
Severance
At times, you may see that your contract or company policy may guarantee you a severance package. That goes beyond the law of at-will employment. The severance policy may guarantee payment for your work if you got unfairly terminated.
The Worker Adjustment and Retraining Notification (WARN) Act ensures that workers get advanced notice if their company is going to have mass layoffs or a plant is about to close.
Contract Job
A contract job is the clearest way that the at-will employment law does not get enforced. Work contracts are usually based on securing your job for a certain amount of time. Essentially, it keeps an employer from terminating you before your contract is up.
What To Do if Wrongfully Terminated
Since there is no New York state law two weeks notice requirement, employers do not have to guarantee employment to their workers. While employees do not have to give two weeks’ notice, employers can also terminate a worker’s job at any point. However, if you were wrongfully terminated, contact a lawyer who specializes in New York employment law.
The employment attorneys at Brandon J. Broderick, Attorney at Law, bring together our knowledge and insight to construct a strong case for our clients and maximize any future settlements. Thanks to our teamwork and extensive familiarity with both New York State and federal employment laws, we can take on essentially any employment law case for you. Contact us today for a free consultation.