Chicago, IL (Law Firm Newswire) August 29, 2014 — In an at-will employment arrangement, an employer may terminate a worker any time for a wide number of reasons. An employee may also quit any time for any reason, but he or she should do so with respect and courtesy if possible.
“If you are thinking about quitting your job, make certain you know if you live in an at-will employment state, such as Illinois,” suggested Chicago employment attorney Timothy Coffey. “In virtually all states (with the exception of Montana), workers are presumed to be at-will employees unless the employment terms fit an exception to the prevailing rule — such as remaining at a job successfully for the first six months, after which the worker would become a regular employee.”
Workers who do have an employment contract must give appropriate notice and follow the terms of their contract should they wish to quit their jobs.
Workers who have verified that they are at-will employees may be able to quit their jobs on the spot, should they have safety, legal or moral issues driving them to quit. There is no requirement to provide a reason or offer an explanation. However, giving notice does allow an employer to replace the worker, and that choice may result in a favorable job recommendation for another work position.
There are, of course, situations in which a worker does not wish to seek a reference from what he or she views as a less-than-stellar employer. Each situation is different, but generally speaking, consideration and notice given to an employer may help a worker later if he or she makes a reasonable attempt to leave on good terms.
“You may not want to stay around at a place where you no longer want to work, but make every effort to respect the employer’s property. Do not take office supplies, any company property, client information or business records home. Leave anything you are uncertain about taking. Avoid the common mistake of revamping your resume or applying for jobs from your work computer,” added Coffey. Even if an individual is an at-will worker and can leave at a moment’s notice without explanation, it is worth showing common courtesy when quitting.
When a worker quits without notice, the employer is not always mandated to offer a paycheck the same day under federal law. However, in some places, state law dictates that a final paycheck must be proffered immediately. If a worker is not paid the day he or she quits, he or she must be paid by the next regular payday. If that does not happen, the employee is entitled to file a complaint with either the state labor department or the Department of Labor’s Wage and Hour Division.
Learn more at http://www.employmentlawcounsel.com/
THE COFFEY LAW OFFICE, P.C.
351 W. Hubbard Street, Suite 602
Chicago, IL 60654
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