Should I still give two weeks' notice if I know my company won't honor a notice period?

Question

In the US it's customary to give two weeks' notice when you resign and it would be considered very unprofessional to resign immediately, even if you're legally allowed to. At the same time, it's often said that companies who escort employees out when they resign or who've shown that they'll make those last two weeks miserable for the employee have forfeited the right to have employees give notice.

While that does make sense, wouldn't it still reflect badly on me if I resigned without giving notice? I feel like the kind of companies who make giving notice impossible also wouldn't be beyond holding it against former employees when they "walk off the job". I could ask my next employer if I could start earlier if this happens but what if that's not an option and being out of a job for two weeks would be a financial burden?

If I know that my company won't respect my notice period, is it still unprofessional to resign with immediate effect? Should I have an explanation ready for (potential) future employers? If so, how can I word this without appearing to badmouth the company?

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^{To be clear, I'm asking specifically about a company that dismisses resigning employees without pay. In some industries it's common to send people home or limit the work they're given but still pay them for the duration of their standard notice period. That practice is often called garden leave. And while I appreciate the concern in some of the comments I want to point out that this is intended as a canonical question, I'm not currently facing a situation like this.}

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Note that we have some related question that cover others aspects of this:

• The risks of resigning without notice (excluding illness or emergency): Do I owe them a two week notice?
• When your company has placed you with a client that doesn't allow notice: How do I go about resigning in a company that doesn't allow two weeks' notice?
• Why companies might not respect notice periods: Why would a resigning employee be immediately escorted out?
• Why notice periods in the US are by convention and not legally required: Why is giving two weeks notice a professionalism issue (and not a contract issue)?

Answer 1

Should I still give two weeks' notice if I know my company won't honor a notice period?

In the US, the typical protocol is for the employee to give at least two weeks' notice, and for the employer to honor those two weeks. Unless you have a contract or local law that says otherwise, you aren't legally obligated to provide any notice, nor is the company legally required to honor such a notice period. You could choose to walk out at any time and they could choose to escort you out at any time without any severance. Still, most employees give a notice and most companies expect one. Some companies won't want you around for the two weeks, but will still pay for them.

A notice period is the professional thing to do for both sides and breaking that protocol may have consequences. Your reputation could suffer if you don't give a proper notice. And an employer's reputation could suffer if they don't honor a notice.

If you already know your employer's reputation for not honoring a notice period, and if your new employer won't allow you to start early for some reason, and if you would be financially burdened by missing out on two weeks' pay, then it only makes sense to hand in your resignation the day you wish to leave.

It may indeed feel "unprofessional", but you need to protect yourself first. You will be making a decision weighing your financial needs against a potential hit to your reputation.

I wouldn't be very worried about having to explain why you left so abruptly to future employers. Most employers wouldn't ask - it's just not a topic that comes up. Your immediate next employer need not know and would be understanding if you explained what happened. And any coworkers who witness your departure certainly understand your current employer's reputation, just as you do.

In general, I try hard to make sure I am prepared financially before I plan a move to a new job. Often accumulated vacation pay can tide you over to the next job. And many new employers would take you on as soon as you are available, even allowing you to start early, particularly if you ask them about that possibility ahead of time. But if you are convinced that your current employer won't honor a notice period, then you have the choice to act accordingly.

Answer 2

Should you? In the small scale of things: Maybe. If you fear that your (ex)employer will badmouth you and if you think that they won't do that if you give notice and if you believe you can't afford being badmouthed by an exploitative employer.

Since I'm not used to employers not honouring notice periods, I would assume their business behaviour in general to be on the very shady side. Thus I would fully expect them to badmouth people even if they gave notice, e.g. for other stuff like not working through weekends, not being on standby 24/7, or insisting on getting paid the agreed wages. If it indeed is a no-win situation like that, why risk to give notice?

Yet, I'm fully aware that sometimes the system is rigged against you and you just can't afford to go for justice and have to go for preserving your reputation in order to put food on the table in the next weeks/months/years.

In the large scale of things it may not be in your best interest as an employee to give notice if it's not reciprocal - because it removes (at least part of) the incentive for companies to honour notice periods as well. That way everyone ends up in a market where notice-giving is completely unilateral on the side of the employee, without any consideration given for it.

About wording your explanation to your next employer: Maybe "Two weeks notice was not common practice at my former employer" would do it - which conveniently leaves out the fact for whom it was not common practice - but maybe I'm not being as subtle as I hope because I'm not a native speaker.

Answer 3

I would give notice and think it is in your best interest to do so. Your behavior is your responsibility.

I would also inform the other company (without bad-mouthing the current company) that they typically let employees go early (leave the part out about not paying), and then ask them if that happens to you could you start early? Most would be eager to have you start ASAP. Larger companies may not be able to accommodate full flexibility. (Like new employees only start on Monday.) However, it is possible that you could be sitting at your new desk within an hour of being shown the door.

Of course be prepared to be shown the door. Have your desk cleaned out ahead of time and a bit of money in the bank to make sure you can cover any unemployment.

Congratulations on the new position.

Answer 4

It occurs to me that in the specific case where you know the employer reliably shows employees the door the day they give notice, you could probably wait until the day you want to leave and give notice then. This leaves them nothing to badmouth, and you get to leave on the day of your choosing.

Of course, if they actually want you to work those 2 weeks you have a problem. Possibly you could tell your new employer (in advance) that there is a chance your current employer may need you a couple of weeks more than you expect, and, though you think it's highly unlikely that you won't have everything wrapped up on the expected date, it is a possibility, and if it does happen you want to leave on good terms.

Answer 5

My take on this is that I'm not going to stoop to a level just because someone else is. If I have a notice period of two weeks that I agreed to I will honour it, because that is the professional and ethical thing to do.

In saying that, in an extremely toxic environment I have quit with zero notice and a hand gesture at all and sundry on the way out. But in normal circumstances I'd honour the 2 weeks. You can rationalise things any way you want, but at the end of the day if you agreed to a fortnight, anything less is going back on your word unless there is prior agreement.

So if I need to leave earlier I would request for a shorter notice period up front.

Answer 6

If it's true that

1. Based on recent occurrences (same management team) that
2. Competent, respected employees were
3. Asked (didn't ask themselves) to leave the same day,

then I would offer my resignation on the last date that I was willing to work, without providing an end date. If all of the assumptions are true, they will most likely ask you to leave that day, and not even ask you your thoughts on the matter.

If they do ask, you'll have to say "I'm sorry, but based on previous experiences with [name] and [name], I assumed that today would be my last day."

There's the question - are you comfortable with that? If things play out as you're certain they will, no harm done. If you were wrong, and they ask you for an end date, then you've committed a small error. Still, even in that case, you can truthfully say that "two weeks notice was not common practice at my former employer." (Thanks for that phrase, SurprisedEuropean.)

Answer 7

Businesses have reputations as well. I once had one go so far as to try to ruin my chances of getting a mortgage, but the mortgage company knew their reputation and completely disregarded them.

If your company has a reputation for being one of those that does not honor notice periods or makes the last weeks for the employee a living hell for resigning, acting wisely will not damage your reputation. As a consultant, I've worked for several companies that were known for abusing their employees. The questions coming from future employers were more of the "I heard about them, how could you stand working for them?" variety.

It really shouldn't hurt future prospects. If you want to avoid questions from your future employer, you can say that you can start in two weeks and then just not give notice until your last day.

If you are concerned about taking a hit to your reputation, then be prepared to lose two weeks wages if your employer shuffles you out the door. Again, this may be easier than having to explain why you are suddenly available to start earlier. Most people are susceptible to the Golden mean fallacy(Wikepedia) and will assume that you must have done something wrong during your notice period.

It is not unprofessional to act wisely. Since this company is known for dismissing people without pay, any future employer that would hold that against you is not someone you would want to work for anyway.

Answer 8

For US culture, yes, it is always unprofessional to resign without notice. Even if your company sucks. Two wrongs don't make a right.

Depending on the company and the position you have, upon turning in two weeks' notice the company may just send you home. Most companies will still pay you for those two weeks. Even if yours doesn't (which would mean in effect they would be firing you for quitting), it should not be a problem to start early at the next job in that case, if the new employer is ready for you (but check your contract first). I recommend not asking the new employer about this ahead of time. If the old company sends you home early, then ask if it's ok to start early if you want. The reason I would avoid asking about starting early before knowing for sure is because the new employer may wonder why you expect this to happen. They may ask you why or they may just reach their own conclusion silently. Right or wrong, there is a chance of creating the impression that you bring drama with you.

But if you are unable to make it for two weeks without a paycheck, you have bigger problems than switching jobs cleanly. Definitely don't bring this up when you're discussing an earlier start date. People have issues and hardships, and cost of living versus typical salary varies from place to place but, right or wrong, management may assume that if you do not have sufficient liquid cash to survive for a few months that you must be irresponsible. So particularly with a new employer, keep your personal financial situation to yourself as much as possible.

Answer 9

I have worked for a couple of companies, that I knew would walk me out as soon as I gave my notice, due to both the nature of the companies and the fact that I was in a sensitive position. I still gave two weeks notice and they walked me out. I called the new job and told them that I could start sooner than planned and it worked out well for everyone.

Answer 10

Give two weeks notice and bite the bullet financially if they walk you out the same day....

You could lose the new job messing around, and you obviously don't want the old one, but don't burn any bridges.

The financial aspect is something you will have to deal with. Perhaps even pursue this with the old company if they don't provide you income for the last two weeks....