In general, an employee may always quit their job, but quitting may sometimes result in them facing legal consequences. However, whether or not it is illegal to quit a job without notice will primarily depend on the employee’s classification. An employee is generally categorized as an at-will employee or a contract employee.
At-Will Employment Arrangements
When it comes to quitting a job In an at-will employment arrangement either the employer or the employee may terminate the working relationship at any time and for any reason that is not illegal. In other words, an employee in an at-will employment arrangement is being hired to work indefinitely, i.e., until the employee or the employer chooses to terminate the working relationship.
When terminating the working relationship in an at-will employment arrangement, neither the employee nor the employer must justify terminating the employment relationship. This means that any reason will be considered a proper basis for terminating the working relationship, including having no reason at all.
Once again, an at-will employee can still not be fired for an illegal reason. For example, an employee cannot be terminated from their at-will employment arrangement based on discrimination. If an employee is fired based on discrimination, then that is considered wrongful termination.
Further, at-will employees are subject to their employer’s decision to terminate their position, and likewise employer’s are subject to the employee’s decision. This means that either party has the right to change the terms of their employment without notice and will not face any legal consequences for doing so. In other words, at-will employees can legally quit their job at any time.
Contract Employee Arrangements
An at-will employment arrangement differs from an employment arrangement in which an employment contract exists. An employment contract provides additional rights and legal protections to both employers and employees. Additionally, an employment contract may also affect an employer or employee’s ability to terminate the working relationship.
An employment contract’s defining right is to specify termination procedures for the employment relationship between the employer and employee. This includes requiring an employer to demonstrate good cause before they are allowed to terminate an employee. This contrasts with an at-will employment arrangement, where an employer is not required to justify a reason for terminating an employee.
Similarly, an employee may also have legal conditions placed on their ability to terminate the working relationship by quitting their job. In other words, there are scenarios, such as an employee entering into a contractual relationship with their employer, that the employee may have to follow a certain procedure when quitting their job.
For example, one requirement may be that the employee must provide a certain number of days as notice before ending the contractual working relationship. Then, if the employee does not follow the proper procedures for quitting their job as outlined in their employment agreement, their quitting will be considered a breach of this agreement.
Can I Get Sued for Quitting My Job?
In short, yes, there are certain situations when an individual can be sued for quitting a job. Once again, the main reason that a person can be sued for quitting is if they violate an employment contract. However, if an individual quit their job as a result of an illegal act, such as discrimination, sexual harassment, or intolerable working conditions, then they will likely be considered to have good cause for breaching their employment contract.
What Are Some Legal Consequences of Quitting My Job?
In the case of an employment contract, the legal consequences will be controlled by the terms of the employment contract, as long as the terms are legal. Breaching an employment contract can result in serious legal consequences for the breaching party.
Thus, If an employee violates the terms of their employment contract by quitting, their employer may pursue legal action against them, which would include contractual damages, and financial penalties related to any damages suffered by the employer as a result of the breach.
There may also be consequences for terminating an at-will employment arrangement, especially when an employee does not provide notice before quitting. The following is a list of consequences that may occur if an at-will or contractual employment arrangement is terminated:
- Bad Reference: One major consequence of leaving a job on a bad foot is that a person’s prior employer may give them a bad reference when that employee is attempting to get a new job.
- Importantly, there are rules as far as what an employer may say when referring to a past employer’s prospective employer; or
- Damage to Professional Network: In some cases, quitting a job may damage the employee’s professional network, such as them losing professional connections associated with their past job.
Will I Be Able to Collect Unemployment If I Quit My Job?
In most cases, if an employee quits their job voluntarily, then they will not then be eligible to collect unemployment benefits. However, if an employee quits their job for a good reason, then they may still be eligible to collect unemployment.
In order for an employee to still be able to collect unemployment if they quit their job voluntarily, they will need to show that they quit their job for good cause. As far as the exact definition of what is considered to be good cause, the definition will differ in accordance to the laws in the state that the employee was employed in.
In general, good cause includes reasons such as unsafe work conditions, discrimination, harassment, family emergencies, mental health defects, a change in job duties, or a lack of timely wage payments.
For example, in the state of California, good cause reasons for quitting a job include unsafe working conditions, harassment, discrimination, and a significant change in the terms of employment.
Further, in New York, good cause reasons similarly include unsafe working conditions, discrimination, and a significant reduction in hours or pay. Meanwhile in the state of Texas, good cause reasons for quitting a job are defined as an employee’s failure to perform the duties that a person of ordinary prudence in the industry would perform under similar circumstances.
Ideally, an employment contract should specifically outline what constitutes good cause for termination under the terms of employment. However, in the absence of an employment contract, then an employee will have to understand what constitutes good cause in their state if they are considering quitting their job and are wanting to collect unemployment.
It is important to note that what is considered to be good cause for quitting a job will also be determined on a case by case basis. Further, the burden of proof is not on the employer, but rather the employee to provide evidence that they had no other choice but to quit their job.
Should I Seek Legal Help?
If you are experiencing any legal issues associated with quitting your job, it may be in your best interests to consult with an experienced employment law attorney. An experienced employment law attorney can help you understand your state’s specific laws associated with quitting a job and what your legal rights and options are under those laws.
Additionally, if you quit your job due to discrimination or other illegal acts by your employer, you may be entitled to civil damages and to collect unemployment. An attorney can help you determine whether you quit with good cause, and help you contact the appropriate agencies to report discrimination.
An experienced attorney can also help you initiate a civil lawsuit against your former employer in such cases. Finally, an employment lawyer will also be able to represent you in court, as needed.
