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Can you force employees to give you two weeks’ notice?

On Behalf of | Aug 13, 2024 | BUSINESS & COMMERCIAL LAW - Business & Commercial Law

You understand that employees are sometimes going to leave your company for their own reasons, such as moving, taking a different job, going back to school and much more. You want them to give you advance notice, giving you two weeks to prepare for the transition.

In many industries, giving this type of notice is considered a common practice. It’s fairly typical for most employees to understand that this is expected of them – and they will do it when the time comes.

That said, this is just a courtesy. If they are at-will employees, they do not have to give you two weeks’ notice. There are no laws about providing any advance warning. An employee could decide to quit and walk out of the office immediately, and there is usually nothing that you can do as an employer to change that behavior.

Creating an employment contract

The one option that you do have is to not hire at-will employees. Instead, use employment contracts and have the employees sign them during onboarding.

In the contract, it can state that the employee has to give you two weeks’ notice. You could even ask for three or four weeks if you want. Once the employee signs the document, then they do a legal obligation and they have to follow the contract. 

But if you don’t take this step, there is nothing you can do to force them to give you notice. You can make company rules requiring it or put the request in a company handbook, but the employee has absolutely no obligation to follow any of those rules.

This issue can sometimes lead to conflicts and disputes with employees. It helps to show why employers need to understand current labor laws and the legal rights and obligations of all parties.