N.Y.S. Labor Laws for the Notice of Resignation

By Jeffrey Nichols
Employees in New York have a legal right to resign from their jobs without giving notice.

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New York labor laws do not require an employee to provide any notice to an employer when resigning from a job. Employee contracts or company policies may require employees to follow certain procedures when resigning, including giving a certain amount of notice. In the absence of such guidelines, employees may leave the job when they choose and the employer may not take punitive actions.

Required Notice

As an employment-at-will state, New York allows employers to fire employees for any reason and without notice. Similar terms apply to employees who want to resign from their jobs. While giving a certain amount of notice, such as two weeks, may be a common courtesy, it is legally the employee's prerogative.

Employee's Rights

Regardless of how little notice they provide when resigning, employees must receive payment for any time they have worked since the last payday. New York law requires employers to pay employees any remaining wages by the next payday after their resignation or dismissal. Employees typically must receive monetary compensation for the vacation time they have accrued and have not used at the time of their resignation.

Company Policies

Companies in New York may establish policies for employees to follow when resigning from a job. These policies typically are in company handbooks or guidelines that employees receive when starting work. Policies may require employees to provide a certain amount of notice or face punitive actions such as the forfeiture of compensation for unused vacation time or a negative final evaluation in their personnel file. Under no circumstances may an employer withhold wages for time an employee has worked. Without clearly establishing a policy, the employer may not impose any conditions on an employee's right to resign.

About the Author

Jeffrey Nichols has been writing and editing since 1997. His work has appeared in the "Manassas (Va.) Journal Messenger" as well as daily publications in Pennsylvania and Illinois, covering sports, recreation, health and fitness, along with business and finance. He has a Bachelor of Arts degree and enjoys writing everything from practical articles to fiction.

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