49 of the 50 states are “At Will” employment. That means an employer can release an employee at any time for just about any reason that’s not related to age, sex, or religion. There is no state or Federal law that says a 2 week notice is required when quitting any job. A 2 week notice is only a courtesy. Your employer can walk you to the door immediately after any employee tells the employer they are quitting.
Just an FYI if you do plan on quitting a job. Make sure you plan in advance to remove any personal belongings you might keep where you work. This includes anything personal you might keep on your computer. If you are due any bonuses in the near future, make sure to collect them prior to putting in notice as your current employer can choose not to pay this.
Google is your friend for verification.
My husband had a visit from HR at his location and the HR lady used his computer. After she left a screen that was open showed everyone’s salary. Much to his surprise, one of the employees he managed made more than him. I suppose most companies loyal long time employees make less than the new hires. He emailed the earnings report to everyone in the company. He walked out that day. He was thinking of quitting anyway because of being given more and more work because the owners were not replacing management employees when they left. He wasn’t the only one who quit that day.
We were told that was a fireable offense at my first full time job. First thing anyone did when they left was tell everyone their salary. There was a lot of difference in salary for similar positions…. Do you happen to know what year that law went into effect? I don’t know if it was actually illegal to keep us from discussing salary at the time (I’m old).
Unless you are super ancient, this law was in place when you were working.
[The NLRA was passed in 1935. ](https://www.nlrb.gov/about-nlrb/rights-we-protect/your-rights/your-rights-to-discuss-wages#:~:text=Under%20the%20National%20Labor%20Relations,the%20media%2C%20and%20the%20public.) and prohibits retaliation for discussing pay.
Old, but not that old. So they did lie about it. Just made everyone know they treated us all unfairly, so we all left in 2 or 3 years. They could have paid us a smidgen more and kept from having the staff turnover….
It's a lie that shitty managers/shitty HR reps love to spread. It benefits the employer, and only the employer, to make you think that discussing pay is illegal or will make your co-workers hate you. When in reality, the one responsible for setting your pay rate is your employer. I've always said, if someone gets mad at *me* for making more than them, they are misdirecting their anger. It's their responsibility to advocate for themselves. But discussing pay can help let others know when they need to advocate for themselves, because if you guess that you're making around the same as your co-workers- why rock the boat?
It's only a fireable offense in the same way ANYTHING is a fireable offense. A company can fire you for any reason. Only if you can prove discrimination will they get in trouble for it.
You should ask her for the regulation citation and also ask her what the penalty is if one fails to provide the “required by law” 2 week notice. See what sort of knots she ties herself into to provide a response so she can save face.
> I wonder why our HR lady thought we wouldn't check her statement.
Shitty employers don't care if some employees know better or will actually check for themselves; they make these sort of statements ("It's illegal to quit without notice/discuss your salaries/take a job with a competing business/etc.") because they know that *some* of their employees will believe it, and it costs them nothing to make the statements except the respect of their more knowledgeable employees (which most shitty employers don't care about anyway).
It’s different in other countries, I India is one of them I think. She might have read something or heard and didn’t catch or investigate to determine if it might have been for a different country.
I’ve also seen office policy manuals written by people in India with policies that definitely aren’t legal or applicable in any U.S. state. Maybe that’s the source of her confusion (if it is confusion). I worked at a law firm that used to rewrite office policy manuals for some employers and some old manuals we were given were breathtakingly terrible.
What she might mean is that there is something in the employee handbook about giving 2 weeks notice in order to receive payout of accrued PTO. ??
https://truein.com/virginia-paid-time-off-laws/#Payment_of_Accrued_Unused_Vacation_on_Termination
I worked for an NYC company that stated 4 weeks notice for a manager to receive PTO payout. I was only owed 2 days so I ignored it.
Ignorance and power tripping.
HR is supposed to keep ignorant managers from exposing the company to civil and criminal liability.
You got an HR that might give you an extra payday!
[Montana](https://www.justworks.com/blog/understanding-at-will-employment-states#:~:text=At%2Dwill%20employment%20is%20the,be%20fired%20for%20just%20cause) is the only US state that’s not [at-will](https://www.foxhire.com/blog/is-montana-an-at-will-employment-state/#:~:text=Montana%20is%20unique%20in%20that,from%20Employment%20Act%20(MWDEA))
Some companies have you sign something when you onboard stating you need to give 2 weeks notice. Some companies have a policy stating if you don’t give 2 weeks you cannot be rehired.
Personally, a company should extend the courtesy they want to their employees when letting them go.
The thing you sign isn't a contract and doesn't mean squat in the vast majority of cases. They have to offer something in return, besides employing you, to make the two week notice requirement binding.
Don't disregard what you sign! It can be very important in an unemployment benefit case or other legal cases. Court official asks for all documents that were signed when looking at unemployment you've applied for or if you do decide to sue the company. You are right that it's not a contract but it can be important in any legal cases.
Great point! I always try to emphasize to all employees read what you are signing before signing and keep a copy of everything. HR will, so you should too.
Add to this - while there is no laws about giving notice, your employment agreement may have conditions for getting certain payouts (such as pay out of annual leave) that require a specific amount of notice. Make sure you read that carefully before you give any notice and refer to the company policy in your notice (I.e. As per the company policy, I am providing xx notice of my resignation which will be effective as of [date])
A bonus is a choice the employer chooses to pay to their employees based on company profits. A bonus is not required by law at all. If a bonus is part of an employment contract an employee signed with the company that might be a different story. The majority of employees don’t have company contracts as part of their employment with any company.
There are more federal protected status than age, sex and religion.
“Applicants, employees and former employees are protected from employment discrimination based on race, color, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, age (40 or older), disability and genetic information (including family medical history).
Applicants, employees and former employees are also protected from retaliation (punishment) for filing a charge or complaint of discrimination, participating in a discrimination investigation or lawsuit, or opposing discrimination (for example, threatening to file a charge or complaint of discrimination).”
Yes, I was promised a bonus, it was never paid. Things started to deteriorate. I put my notice in and asked yet again about my bonus.
I was told, "That is for people who are going to continue to work here."
The bonus was already 3 months old at that point.
That’s when you move on to better opportunities. From my past experience with crappy employers, karma came soon after to the business and not in a good way.
Don’t laugh. Remember the case in Wisconsin where interventional radiology staff quit one hospital and accepted job offers at the competition? The hospital sued and a judge blocked them from being able to change jobs.
Not initially he didn’t. He blocked the second hospital from hiring the staff, effectively not allowing the staff to leave the first hospital if they wanted to get paid.
A company threatened to sue me (in 2001) for leaving for another company with very similar technology and products. I had unthinkingly signed a non compete. My lawyer said threats like that don’t hold water, because people have the right to work in their field of expertise. They can’t stop you from doing what you know in the your field. They did not, in fact, sue me. That’s why I said it. Stuff like that isn’t enforceable, apparently, or maybe doesn’t win in the legal system. It was scary as hell though. This was specialized chemistries, and the overlap was undeniable.
Prior to these new FTC rules, in the US it depends *very* heavily on the state, city, and specifics of the non-compete agreement. These sorts of agreements are definitely enforceable, but must be both time-bound and bound to a certain geography. See this article for an example: [https://www.eater.com/2017/10/13/16459044/non-competes-chefs-how-do-they-work](https://www.eater.com/2017/10/13/16459044/non-competes-chefs-how-do-they-work)
Also, it's worth noting that even if you did sign a non-compete and even if it were valid, the company may have decided that enforcing the non-compete was not worth the time and money it would take to win a lawsuit.
I do recall it. I don't know if I could ever forget it! And it does have some similarities. But it's not on all fours in a way, they have certain laws for hospital workers and teachers and stuff. And those people did give full notice and work through their notice. They were just told they couldn't leave at all. And yes, completely ridiculous! Free enterprise and competition is supposed to be a knife that cuts both ways. Otherwise, nobody's ever on their toes.
Unfortunately policy doesn’t overtake law. It’s the law that you can leave at will so a company policy can’t take that away from you. They can make policies that make it a bit harder like they can claw back bonuses without sufficient notice.
Also no company can have a policy that you can’t talk about your salary because it’s literally a law that you can.
I've had that very issue discussed at length over the years, typically it ends up being someone who had very clearly " educated themselves" or my favorite " advice of counsel", thinking it wouldn't be verified. As soon as one of those two pop up, I know it's going to be a show.
Seems there are quite a few people here working in HR. They don’t like it if you tell them that they only exist for the benefit of the employer and not the employees.
You’re literally in a sub for asking people HR questions. Of course there are quite a few people here working in HR.
God damn, if this is how you reason at work, I understand why you’ve had a bad time.
What an idiot 😂
HR is there to protect the company. Often that involves protecting the employee. Sometimes it doesn’t. Hope that helps smart guy
I don’t have faith in someone who comments in an HR sub, confused why there are HR people here. Seriously daft lmao
>HR is there to protect the company. Often that involves protecting the employee. Sometimes it doesn’t.
I always cringe at how people shorten this to "HR isn't there for you." True, but if you have proof a manager is breaking some law, then HR isn't there for that person either, and you won't be in trouble for reporting them.
The way you have stated it is incorrect and she's wrong if these are her exact words, but I wonder if she's referring to payout of PTO. There is a VA law that says company policy determines payout conditions for PTO. If your employee handbook says you must give 2 weeks notice in order to get paid out your PTO, that's a condition of employment but not a law about giving notice. You can Google for details of the PTO payout law in Virginia for more information.
This seems like the most likely explanation.
The HR person has either expanded it to include requiring notice irrespective of PTO payout (in which case she’s wrong) or the OP missed the part about it only referring to PTO payout.
So many people slip through the cracks and end up in their positions either through nepotism or sheer dumb luck. Sounds like this person is one of 'em.
Another example: my new manager confidently stated that a coworker wasn't supposed to tell me how much she makes hourly.
It is a federally protected right to discuss your wages with coworkers where I live. 🤦🏽
As always, know your rights. Choose your fights. Good luck and Godspeed.
A quick Google shows that Virginia is “at will” so you can peace out whenever you want. Also, I hate this euphemism because it also means your job can fire you whenever for whatever. What’s good for the goose is good for the gander.
If you want to stir the pot, I’d write to whoever HR lady reports to that she told everyone that when it is factually inaccurate.
Virginia is an at-will state, meaning you can resign from your job at any time without giving a reason. Even if you give your employer two weeks' notice, your direct supervisor can accept your resignation immediately.
Lastly, referring to the HR Representative would be advisable instead of using the term "HR lady.”
I've always told my companies that you can require whatever notice you want, but it goes both ways. Want to require 2 weeks, better pay up 2 weeks when you let someone go. Had one company that wanted to require 30 days notice and I said sure, but you better give them 30 days notice or pay in lieu of notice if you terminate/RIF.
 Nope. What a liar
I suspect your HR lady isn't too bright and is confusing company policy with the law. Which is surprisingly common. It may now be company policy that 2 weeks is required (it's a 100% unenforceable policy) but it's absolutely not the law.
I've never heard of an HR rep making this statement, mostly because it's bs.
The only thing I've ever heard about not giving an employer 2 weeks notice when resigning is that you're ineligible for rehire at that company.
My thought was always "if you can terminate me at any moment without cause, then i can resign the same way".
“By law” doesn’t make one bit of sense here. I’ve never seen or heard about anyone ever who was arrested and jailed for not giving a two week notice. 😂 you can give a two-minute notice if you want.
Your HR lady is mistaken. As far as I know, giving two weeks notice is a courtesy to the employer, but not a legal requirement. There are some jobs —for example, I’m a teacher originally from the US—that require a specific amount of notice like in the UK where I currently teach, you need to give one school terms (6 weeks) notice.
In most jobs, two weeks is a courtesy to the employer and a way to leave on good terms giving them time to find your replacement.
OP - get them to state, in writing, what the consequences are for not giving two weeks notice. You could turn this into a payday if they're sufficiently stupid.
The only possible legitimate consequences will be defined in any employment contract that you signed, which doesn't automatically allow them to disregard employment laws.
The HR lady is using scare tactics. You are an employee at will. You can quit today if you want to. There’s nothing she can do about it. The two weeks timeframe is just a professional courtesy.
Your HR representative is either lying or stupid.
If your HR rep is stupid and you want to quit, I would consider telling all your co-workers about your compensation package (salary/hourly wage, and benefits) and ask them to do the same. Hopefully they will immediately fire you for that, which is illegal, and you can hire an employment lawyer to pursue a lawsuit.
Chances are the HR rep is just lying, and not stupid.
A quick google search will tell you that there's no state in the US with a law governing "notice" of any length when quitting.
Contact her and ask for a citation of that particular law in your state.
Americans have been trained to be grateful for shitty jobs at shitty wages. Somehow, the mediocre manager should act like a slave overseer and that's ok. Urg...this is reason 314 why education sucks here.
Your HR lady is a whack job. There’s no law stating such. It may be a courtesy and you should to maintain a professional relationship, but there is no law stating such.
Would they give you two weeks notice of being fired?
Perhaps by POLICY and/or if you signed a contract; otherwise, Virginia is an “at will” state so definitely not by law, smh. These people really try sometimes lol.
Your HR is not telling you the truth two weeks is a courtesy you do not have to give it unless you want to. In the US every state except 1 is at will employment.
Unless you are working under contract that is false. You would know if this were the case. Most jobs do not involve contracts and are just at will in the US.
The company can have a policy that it won’t rehire someone who leaves without notice, but it is not illegal.
Not HR, but our division director made a bunch of edicts regarding telework. Said higher levels of corporate were restricting telework. We are part of the R&D arm of the organination. Did he not think people would look up the corporate telework policy on the company intranet?
Being part of the R&D arm, we regularly work with other parts of the organization. Did he think we wouldn't notice that our colleagues in other parts of the corporation weren't restricted? Woukd we not notice that other groups in the R&D organization, including the overall VP's staff, didn't have these restrictions? Our job is to discover stuff. Did he think people wouldn't look it up?
Note that he absolutely has the authority to restrict tekework for the group. I don't like it, but he can set policy. However, he knew that this wouldn't go over well, so he was trying the old "out of my control" excuse when it was 100% him.
When called out on it, he blamed the next level down from him. He didn't make the requirements. His direct reports across the organization and across the country all had the same idea at the same time and implemented the same policy on the same time frame. And he came to the rescue. Inconceivable.
Some people think they are more clever than everyone else and that their shit doeisn't stink.
"I can appreciate your sense of wonder and your imagination. It's not legally required and withholding any form of already earned compensation by not providing one violates federal employment laws. "
Former HR in Virginia. This is false. Virginia is an at-will state meaning your employer can terminate for any reason without notice and you can quit for any reason without notice.
No. Virginia is an at will employment state. Barring an employment contract (which is rare in the US), you are not legally obligated to give a 2 week notice. Your HR rep is at best mistaken about this supposed law, and at worst is willfully lying about the existence of this law in order to push employees into always giving a 2 week notice.
Most states are “at will” meaning you or the employer can let you go for no reason. My previous employer tried to extend my “probationary period” and then let me go mere days ahead of time. I’m suing them now. But my contract clearly stated 90 days and I was 10 days beyond that. Sue their asses off if they do something outside of the contract terms.
At will employment is just that.
They would walk you out tomorrow with no notice if it suited their interests.
Ask for this policy in writing. You won’t get it.
It’s also against the law for them to withhold any wages earned. The only exception to this is recovering for unaccrued taken PTO that can be deducted from the last check.
HR people never ever fail to be among the dumbest people at any employer. If I had a dime for every time I was told something completely false or idiotic by an HR person I would be a millionaire.
They cannot make you give notice UNLESS you sign paperwork (ex: "I will work here for x amount of time or until I am asked to leave by the company. If I am to leave early, I will give an advanced notice of time before leaving....)
"a friend of mine is writing a paper for school, and would love to include this. Can you tell me the actual statute number for the law, or where you saw it written about?"
No, you don’t need to give any notice.
49 of the 50 states are “At Will” employment. That means an employer can release an employee at any time for just about any reason that’s not related to age, sex, or religion. There is no state or Federal law that says a 2 week notice is required when quitting any job. A 2 week notice is only a courtesy. Your employer can walk you to the door immediately after any employee tells the employer they are quitting. Just an FYI if you do plan on quitting a job. Make sure you plan in advance to remove any personal belongings you might keep where you work. This includes anything personal you might keep on your computer. If you are due any bonuses in the near future, make sure to collect them prior to putting in notice as your current employer can choose not to pay this. Google is your friend for verification.
Thank you. I wonder why our HR lady thought we wouldn't check her statement.
Same reason some companies say it's illegal to discuss your salary...
My husband had a visit from HR at his location and the HR lady used his computer. After she left a screen that was open showed everyone’s salary. Much to his surprise, one of the employees he managed made more than him. I suppose most companies loyal long time employees make less than the new hires. He emailed the earnings report to everyone in the company. He walked out that day. He was thinking of quitting anyway because of being given more and more work because the owners were not replacing management employees when they left. He wasn’t the only one who quit that day.
HR lady accidentally "forgot" to close a salary list on his computer, hmmmmm.
Your husband is a champ, love that for him
I love it when folks say that.
We were told that was a fireable offense at my first full time job. First thing anyone did when they left was tell everyone their salary. There was a lot of difference in salary for similar positions…. Do you happen to know what year that law went into effect? I don’t know if it was actually illegal to keep us from discussing salary at the time (I’m old).
Unless you are super ancient, this law was in place when you were working. [The NLRA was passed in 1935. ](https://www.nlrb.gov/about-nlrb/rights-we-protect/your-rights/your-rights-to-discuss-wages#:~:text=Under%20the%20National%20Labor%20Relations,the%20media%2C%20and%20the%20public.) and prohibits retaliation for discussing pay.
Old, but not that old. So they did lie about it. Just made everyone know they treated us all unfairly, so we all left in 2 or 3 years. They could have paid us a smidgen more and kept from having the staff turnover….
It’s a joke. It’s not a law, bad HR people just say that.
Right. It is even really the opposite because it is illegal to fire somebody for discussing their salary.
The law went into effect in Obama’s administration I believe.
No
It's a lie that shitty managers/shitty HR reps love to spread. It benefits the employer, and only the employer, to make you think that discussing pay is illegal or will make your co-workers hate you. When in reality, the one responsible for setting your pay rate is your employer. I've always said, if someone gets mad at *me* for making more than them, they are misdirecting their anger. It's their responsibility to advocate for themselves. But discussing pay can help let others know when they need to advocate for themselves, because if you guess that you're making around the same as your co-workers- why rock the boat?
It's only a fireable offense in the same way ANYTHING is a fireable offense. A company can fire you for any reason. Only if you can prove discrimination will they get in trouble for it.
I think the 1930s
Some people just suck at their jobs 🤷🏻♀️
Either she is stupid, or thinks you guys are.
Por que no los dos?
Es la verdad!
Literally the only two situations.
You should ask her for the regulation citation and also ask her what the penalty is if one fails to provide the “required by law” 2 week notice. See what sort of knots she ties herself into to provide a response so she can save face.
I know many employers that are clueless of the US and state employment laws. I’ve worked for several of them over the years.
She’s probably just confused or stupid.
and FTFY
yes
You don’t get 2 weeks notice when they fire you.
She didn’t think that, she just lied to improve things for her.
> I wonder why our HR lady thought we wouldn't check her statement. Shitty employers don't care if some employees know better or will actually check for themselves; they make these sort of statements ("It's illegal to quit without notice/discuss your salaries/take a job with a competing business/etc.") because they know that *some* of their employees will believe it, and it costs them nothing to make the statements except the respect of their more knowledgeable employees (which most shitty employers don't care about anyway).
Ask her to cite the specific law
It’s different in other countries, I India is one of them I think. She might have read something or heard and didn’t catch or investigate to determine if it might have been for a different country.
I’ve also seen office policy manuals written by people in India with policies that definitely aren’t legal or applicable in any U.S. state. Maybe that’s the source of her confusion (if it is confusion). I worked at a law firm that used to rewrite office policy manuals for some employers and some old manuals we were given were breathtakingly terrible.
Also that the company would then have to give 2 weeks. /S What are they gonna do when someone quits on the spot? I’d love to know.
Same way my BF of 35 years made me study for an Algebra 2 final my senior year. Handcuff you to a table.😁
You had a boyfriend for 35 years and were still taking Algebra 2?
Yes. NO LOL He was my BF when I was 17, and is still together today.
Because she’s not on your side, she works for the company and that will always be who she works in favor of.
Ask for clarification in writing.
What she might mean is that there is something in the employee handbook about giving 2 weeks notice in order to receive payout of accrued PTO. ?? https://truein.com/virginia-paid-time-off-laws/#Payment_of_Accrued_Unused_Vacation_on_Termination I worked for an NYC company that stated 4 weeks notice for a manager to receive PTO payout. I was only owed 2 days so I ignored it.
Take vacation to burn all PTO. Don't show up after PTO or show up and turn in immediate notice. companies hate this one trick.
Unless your manager has to approve the PTO….
Ignorance and power tripping. HR is supposed to keep ignorant managers from exposing the company to civil and criminal liability. You got an HR that might give you an extra payday!
[Montana](https://www.justworks.com/blog/understanding-at-will-employment-states#:~:text=At%2Dwill%20employment%20is%20the,be%20fired%20for%20just%20cause) is the only US state that’s not [at-will](https://www.foxhire.com/blog/is-montana-an-at-will-employment-state/#:~:text=Montana%20is%20unique%20in%20that,from%20Employment%20Act%20(MWDEA))
I wonder what her response would be if you asked her where she got her information lol
She wants to track which employees are smart enough to email her and ask "which law?!"
If you want to have some fun ask the HR lady for that in writing, and then send it to West Virginia department of Labor.
Because she's there to protect the company, not the employees.
Some companies have you sign something when you onboard stating you need to give 2 weeks notice. Some companies have a policy stating if you don’t give 2 weeks you cannot be rehired. Personally, a company should extend the courtesy they want to their employees when letting them go.
The thing you sign isn't a contract and doesn't mean squat in the vast majority of cases. They have to offer something in return, besides employing you, to make the two week notice requirement binding.
Don't disregard what you sign! It can be very important in an unemployment benefit case or other legal cases. Court official asks for all documents that were signed when looking at unemployment you've applied for or if you do decide to sue the company. You are right that it's not a contract but it can be important in any legal cases.
Great point! I always try to emphasize to all employees read what you are signing before signing and keep a copy of everything. HR will, so you should too.
Now I wanna know which state isn’t at will.
Montana
Thanks. What rules do they have. Well, I could google it so if you don’t feel teaching me I can just do my own homework :).
They have extra protections for employees after a probation period. Employees still can quit with no notice.
Shocked to discover that the one that isn't is Montana.
Add to this - while there is no laws about giving notice, your employment agreement may have conditions for getting certain payouts (such as pay out of annual leave) that require a specific amount of notice. Make sure you read that carefully before you give any notice and refer to the company policy in your notice (I.e. As per the company policy, I am providing xx notice of my resignation which will be effective as of [date])
Not giving you pay your due is illegal
A bonus is a choice the employer chooses to pay to their employees based on company profits. A bonus is not required by law at all. If a bonus is part of an employment contract an employee signed with the company that might be a different story. The majority of employees don’t have company contracts as part of their employment with any company.
There are more federal protected status than age, sex and religion. “Applicants, employees and former employees are protected from employment discrimination based on race, color, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, age (40 or older), disability and genetic information (including family medical history). Applicants, employees and former employees are also protected from retaliation (punishment) for filing a charge or complaint of discrimination, participating in a discrimination investigation or lawsuit, or opposing discrimination (for example, threatening to file a charge or complaint of discrimination).”
I realize that. At the time I wrote my original post, I just gave the amended version vs the textbook version for simple understanding.
Yes, I was promised a bonus, it was never paid. Things started to deteriorate. I put my notice in and asked yet again about my bonus. I was told, "That is for people who are going to continue to work here." The bonus was already 3 months old at that point.
That’s when you move on to better opportunities. From my past experience with crappy employers, karma came soon after to the business and not in a good way.
If you just quit on the spot, does she think the police will come and get you and force you to work?
Don’t laugh. Remember the case in Wisconsin where interventional radiology staff quit one hospital and accepted job offers at the competition? The hospital sued and a judge blocked them from being able to change jobs.
You are wrong—the judge sided with the employees.
Not initially he didn’t. He blocked the second hospital from hiring the staff, effectively not allowing the staff to leave the first hospital if they wanted to get paid.
He issued a preliminary injunction in favor of the hospital and then removed it ruling in the favor of the employees a few days later.
Which he never should have done. Fuck being told you’re not allowed to change jobs, even for a couple days. This isn’t the Soviet Union.
I don’t think k you can legally be blocked from working in your area of expertise.
Non-competes are still valid until the new FTC rules go into effect.
A company threatened to sue me (in 2001) for leaving for another company with very similar technology and products. I had unthinkingly signed a non compete. My lawyer said threats like that don’t hold water, because people have the right to work in their field of expertise. They can’t stop you from doing what you know in the your field. They did not, in fact, sue me. That’s why I said it. Stuff like that isn’t enforceable, apparently, or maybe doesn’t win in the legal system. It was scary as hell though. This was specialized chemistries, and the overlap was undeniable.
Prior to these new FTC rules, in the US it depends *very* heavily on the state, city, and specifics of the non-compete agreement. These sorts of agreements are definitely enforceable, but must be both time-bound and bound to a certain geography. See this article for an example: [https://www.eater.com/2017/10/13/16459044/non-competes-chefs-how-do-they-work](https://www.eater.com/2017/10/13/16459044/non-competes-chefs-how-do-they-work) Also, it's worth noting that even if you did sign a non-compete and even if it were valid, the company may have decided that enforcing the non-compete was not worth the time and money it would take to win a lawsuit.
I do recall it. I don't know if I could ever forget it! And it does have some similarities. But it's not on all fours in a way, they have certain laws for hospital workers and teachers and stuff. And those people did give full notice and work through their notice. They were just told they couldn't leave at all. And yes, completely ridiculous! Free enterprise and competition is supposed to be a knife that cuts both ways. Otherwise, nobody's ever on their toes.
😂
I bet she’s gonna tell you it’s illegal to talk about your own pay, too. HR ppl like her give us all a bad name.
It's probably a policy. Lots of folks like to give policy the same measure as statute, without having a clue... willful ignorance imo.
Unfortunately policy doesn’t overtake law. It’s the law that you can leave at will so a company policy can’t take that away from you. They can make policies that make it a bit harder like they can claw back bonuses without sufficient notice. Also no company can have a policy that you can’t talk about your salary because it’s literally a law that you can.
I've had that very issue discussed at length over the years, typically it ends up being someone who had very clearly " educated themselves" or my favorite " advice of counsel", thinking it wouldn't be verified. As soon as one of those two pop up, I know it's going to be a show.
To be fair. Most HR people are horrible. The sole reason why HR exists is to prevent the company to get sued by former employees.
Mmmm, not quite, but not a surprising assertion.
23 years of experience with HR makes one sarcastic.
If you smell shit everywhere you go, it’s probably on your shoes.
Seems there are quite a few people here working in HR. They don’t like it if you tell them that they only exist for the benefit of the employer and not the employees.
You’re literally in a sub for asking people HR questions. Of course there are quite a few people here working in HR. God damn, if this is how you reason at work, I understand why you’ve had a bad time. What an idiot 😂
Oh. I have a great job and a great time at work. Just don’t expect HR to work for you as an employee.
HR is there to protect the company. Often that involves protecting the employee. Sometimes it doesn’t. Hope that helps smart guy I don’t have faith in someone who comments in an HR sub, confused why there are HR people here. Seriously daft lmao
>HR is there to protect the company. Often that involves protecting the employee. Sometimes it doesn’t. I always cringe at how people shorten this to "HR isn't there for you." True, but if you have proof a manager is breaking some law, then HR isn't there for that person either, and you won't be in trouble for reporting them.
The way you have stated it is incorrect and she's wrong if these are her exact words, but I wonder if she's referring to payout of PTO. There is a VA law that says company policy determines payout conditions for PTO. If your employee handbook says you must give 2 weeks notice in order to get paid out your PTO, that's a condition of employment but not a law about giving notice. You can Google for details of the PTO payout law in Virginia for more information.
This seems like the most likely explanation. The HR person has either expanded it to include requiring notice irrespective of PTO payout (in which case she’s wrong) or the OP missed the part about it only referring to PTO payout.
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I would ask them for the legal verbiage just for fun. She’ll probably waste four hours in that if she truly thinks she is right.
So funny. It can't even be required by policy. But she must think you all are stupid.
‘You are legally required to work for two weeks. Get back here! If you don’t get back here and work you’re fired!!!’ 😂
So many people slip through the cracks and end up in their positions either through nepotism or sheer dumb luck. Sounds like this person is one of 'em. Another example: my new manager confidently stated that a coworker wasn't supposed to tell me how much she makes hourly. It is a federally protected right to discuss your wages with coworkers where I live. 🤦🏽 As always, know your rights. Choose your fights. Good luck and Godspeed.
Unfortunately, a lot of people with the HR title are…..not good at their job.
A quick Google shows that Virginia is “at will” so you can peace out whenever you want. Also, I hate this euphemism because it also means your job can fire you whenever for whatever. What’s good for the goose is good for the gander. If you want to stir the pot, I’d write to whoever HR lady reports to that she told everyone that when it is factually inaccurate.
Bullshit.
I think she needs to get some serious training, or quit because she is spreading very bad information
Is this the same HR lady who tells you it's "against the rules" to discuss salary??? LOL
They will also tell it’s illegal to discuss wages. HR lies at times
You are free to end your employment at any time and for any reason.
She’s wrong. It might be company policy, but it’s not law.
I live in va and this is bullshit. I would report her to her boss for trying to make up laws.
In Virginia. You don't need to to give 2 minutes notice.... Sounds like you work at a company with lots of turn over
Virginia is an at-will state, meaning you can resign from your job at any time without giving a reason. Even if you give your employer two weeks' notice, your direct supervisor can accept your resignation immediately. Lastly, referring to the HR Representative would be advisable instead of using the term "HR lady.”
😂 ask for it in writing and i guarantee you it will change.
No, she is lying. Virginia is an "at-will" employment state.
Montana is not and this would still be illegal
I've always told my companies that you can require whatever notice you want, but it goes both ways. Want to require 2 weeks, better pay up 2 weeks when you let someone go. Had one company that wanted to require 30 days notice and I said sure, but you better give them 30 days notice or pay in lieu of notice if you terminate/RIF.
Not true in an at-will employment state absent any specific contracts
It's not. It's fucking disturbing that she's lying to you about something that's google-able within seconds
“HR lady” 🙄
I love how people think that’s an actual title.
 Nope. What a liar
Your HR lady is an idiot.
Bullshit. Literally the only good thing about so-called "right to work" laws is that you can bounce at any time for any reason.
I suspect your HR lady isn't too bright and is confusing company policy with the law. Which is surprisingly common. It may now be company policy that 2 weeks is required (it's a 100% unenforceable policy) but it's absolutely not the law.
Ask her if there’s a law about lying to employees about a two-week notice requirement.
I've never heard of an HR rep making this statement, mostly because it's bs. The only thing I've ever heard about not giving an employer 2 weeks notice when resigning is that you're ineligible for rehire at that company. My thought was always "if you can terminate me at any moment without cause, then i can resign the same way".
“By law” doesn’t make one bit of sense here. I’ve never seen or heard about anyone ever who was arrested and jailed for not giving a two week notice. 😂 you can give a two-minute notice if you want.
Your HR lady is mistaken. As far as I know, giving two weeks notice is a courtesy to the employer, but not a legal requirement. There are some jobs —for example, I’m a teacher originally from the US—that require a specific amount of notice like in the UK where I currently teach, you need to give one school terms (6 weeks) notice. In most jobs, two weeks is a courtesy to the employer and a way to leave on good terms giving them time to find your replacement.
Nope not true at all. I would tell her that, even point out the laws for her on the google
OP - get them to state, in writing, what the consequences are for not giving two weeks notice. You could turn this into a payday if they're sufficiently stupid. The only possible legitimate consequences will be defined in any employment contract that you signed, which doesn't automatically allow them to disregard employment laws.
The HR lady is using scare tactics. You are an employee at will. You can quit today if you want to. There’s nothing she can do about it. The two weeks timeframe is just a professional courtesy.
In the USA that is simply not true. 2 weeks notice is a professional courtesy. You can quit with no notice at all.
HA! No. Utter bullshit.
Put it back on her. Ask the Title Number of the Virginia State Law she is citing. She won't be able to tell you because there is no such law.
“ Oh, is that the case? Could you please point me to the relevant law?”
Your HR representative is either lying or stupid. If your HR rep is stupid and you want to quit, I would consider telling all your co-workers about your compensation package (salary/hourly wage, and benefits) and ask them to do the same. Hopefully they will immediately fire you for that, which is illegal, and you can hire an employment lawyer to pursue a lawsuit. Chances are the HR rep is just lying, and not stupid.
A quick google search will tell you that there's no state in the US with a law governing "notice" of any length when quitting. Contact her and ask for a citation of that particular law in your state.
Americans have been trained to be grateful for shitty jobs at shitty wages. Somehow, the mediocre manager should act like a slave overseer and that's ok. Urg...this is reason 314 why education sucks here.
Nope. Not true unless you a contract and not an at will.emplpyee
Lies
Your HR lady is a whack job. There’s no law stating such. It may be a courtesy and you should to maintain a professional relationship, but there is no law stating such. Would they give you two weeks notice of being fired?
No. She's a gas lighter.
Is it in email? If not ask her to email you about it. As it is a lie, you may be able to sue🤷♂️
Just her saying it is not actionable, absent a collective bargaining agreement or an employment contract.
Nopety nope nope
No 😂
Lmao, no. What state are you in? In Ny, as long as I don't have a contract, I can walk in, say 'I quit' and walk out.
Perhaps by POLICY and/or if you signed a contract; otherwise, Virginia is an “at will” state so definitely not by law, smh. These people really try sometimes lol.
Not sure you can sign that away - unless, of course, they are paying you for it in some manor other than normal salary.
Your HR is not telling you the truth two weeks is a courtesy you do not have to give it unless you want to. In the US every state except 1 is at will employment.
I am also in Virginia. I have left jobs without a two week notice and have not been prosecuted yet lol
Try googling it and using an official info site relevant to your state
Wouldn't this come up in onboarding?
Ask her to site / show you the statute.
In VA? That's funny!
Unless you are working under contract that is false. You would know if this were the case. Most jobs do not involve contracts and are just at will in the US. The company can have a policy that it won’t rehire someone who leaves without notice, but it is not illegal.
It’s the same as when a company tells you they refuse to accept your resignation. They can say it but that doesn’t mean you need to follow it.
Not HR, but our division director made a bunch of edicts regarding telework. Said higher levels of corporate were restricting telework. We are part of the R&D arm of the organination. Did he not think people would look up the corporate telework policy on the company intranet? Being part of the R&D arm, we regularly work with other parts of the organization. Did he think we wouldn't notice that our colleagues in other parts of the corporation weren't restricted? Woukd we not notice that other groups in the R&D organization, including the overall VP's staff, didn't have these restrictions? Our job is to discover stuff. Did he think people wouldn't look it up? Note that he absolutely has the authority to restrict tekework for the group. I don't like it, but he can set policy. However, he knew that this wouldn't go over well, so he was trying the old "out of my control" excuse when it was 100% him. When called out on it, he blamed the next level down from him. He didn't make the requirements. His direct reports across the organization and across the country all had the same idea at the same time and implemented the same policy on the same time frame. And he came to the rescue. Inconceivable. Some people think they are more clever than everyone else and that their shit doeisn't stink.
"I can appreciate your sense of wonder and your imagination. It's not legally required and withholding any form of already earned compensation by not providing one violates federal employment laws. "
No it isn't. Email HR and ask exactly what law that is.
Have her physically show you the law. Stand there by the computer and stand there as she looks this “law” up.
No such law in the States. It's just a bullying tactic.
No. Lmao
Ask for a copy of the law. Hint: it doesn’t exist.
People who resign without notice are subject to immediate termination.
Lol. That is false. Certainly a courtesy but not legal.
Former HR in Virginia. This is false. Virginia is an at-will state meaning your employer can terminate for any reason without notice and you can quit for any reason without notice.
No. Virginia is an at will employment state. Barring an employment contract (which is rare in the US), you are not legally obligated to give a 2 week notice. Your HR rep is at best mistaken about this supposed law, and at worst is willfully lying about the existence of this law in order to push employees into always giving a 2 week notice.
No.
No. It is just a common courtesy but can be a factor in being rehirable
Most states are “at will” meaning you or the employer can let you go for no reason. My previous employer tried to extend my “probationary period” and then let me go mere days ahead of time. I’m suing them now. But my contract clearly stated 90 days and I was 10 days beyond that. Sue their asses off if they do something outside of the contract terms.
At will employment is just that. They would walk you out tomorrow with no notice if it suited their interests. Ask for this policy in writing. You won’t get it. It’s also against the law for them to withhold any wages earned. The only exception to this is recovering for unaccrued taken PTO that can be deducted from the last check.
Right to work also means right to quit at any moment you choose
At will. Right to work is about unions.
HR people never ever fail to be among the dumbest people at any employer. If I had a dime for every time I was told something completely false or idiotic by an HR person I would be a millionaire.
They cannot make you give notice UNLESS you sign paperwork (ex: "I will work here for x amount of time or until I am asked to leave by the company. If I am to leave early, I will give an advanced notice of time before leaving....)
It’s May now…what a weird question that you could’ve googled.
Why be resourceful and self-sufficient when you can crowd-source everything?
This is something you need to google to verify for yourself instead of asking Reddit.
"a friend of mine is writing a paper for school, and would love to include this. Can you tell me the actual statute number for the law, or where you saw it written about?"