Is two weeks’ notice of resignation enough?

Q: Do employees only need to give their employer two weeks’ notice of resignation?

A: The idea that employees must give two weeks’ notice is a myth. Some employees are required to give more than two weeks’ notice, while others may be required to give less.

The first thing to do is look at the written employment contract, if there is one. Many contracts will say exactly how much notice of resignation the employee must provide.

if there is no written contract then figuring out how much notice the employee needs to give becomes trickier. Every case is different, but relevant factors usually include how long the employee has been working for, what role they perform, and how long it would reasonably be expected to take the employer to find a replacement.

Generally speaking, more senior employees in a more specialized role will need to give more notice, whereas short-service employees in generic roles will need to give less notice.

There can be consequences for an employee who fails to give enough notice of resignation. This is a breach of the employment contract and an employer can sue for any losses they can prove resulted from the employee’s breach.

If you are an employee and you are unsure of your obligations, you should speak to a lawyer before taking any definitive steps to resign. Likewise, employers who believe their employee has failed to give proper notice should promptly seek legal advice about what steps they need to take to protect their rights.

This article was originally published by The Hamilton Spectator.