{ "media_type": "text", "post_content": "In CA here. One of my friends reached out to me saying they submitted their notice (30 days) at their current employer who then pushed back saying they require 60 days notice? I’ve never heard of this before in my industry (tech), but is this something that is common/enforceable in the medical field? I’ve advised my friend to seek legal counsel, but wanted to see if anyone here would know if any claims against my friend would hold up in CA since we are an at-will state.", "post_id": "5fc59f54bdd0a3001d8ec291", "reply_count": 19, "vote_count": 2, "bowl_id": "5682e6afd55b9e0f00fce669", "bowl_name": "Human Resources", "feed_type": "crowd" }

In CA here. One of my friends reached out to me saying they submitted their notice (30 days) at their current employer who then pushed back saying they require 60 days notice? I’ve never heard of this before in my industry (tech), but is this something that is common/enforceable in the medical field? I’ve advised my friend to seek legal counsel, but wanted to see if anyone here would know if any claims against my friend would hold up in CA since we are an at-will state.

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Unless there is a specific agreement that they have signed agreeing to the notice period the employer is claiming then legally they are within their rights to provide whatever notice they want. Most industries have a norm of 2 weeks notice, sounds like this industries norm is between 30 and 60 days - which seems ureasonable. I’d ask the question what if the employer fell on hard times would they give the employee 60 days notice? Irrespective, if they have not signed an agreement the practically the question is not a legal one just a relationship one - how important is it to have a clean and amicable exit? If the answer is very important then give them 60 days , if it’s not then stick with 30. I assume they’re not offering to match the pay of the new employer for the 60 days :)

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Update: Apparently one of the excoworkers from my friend’s company filed 3 months notice and was terminated the next day, which is why my friend didn’t want to give too far advance notice for fear of termination. 🤔

I know a lot of healthcare companies will make their doctors sign things that are anywhere from 60-90 days because it is really hard to recruit doctors. With that being said, I am not a legal expert so I'm not sure what a company can do to enforce that. But, I have seen it before.

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Wow, what a difference between industries!

Employment is at will and nothing is required, however... if it states explicitly in her employment contract I would recommend abiding by that for a good referral. Otherwise, I’d your friend doesn’t care too much for references then they can dictate the terms.

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Yes, they don’t care much for the reference; they are leaving the current employer due to some interesting practices (bad management, nonpayment of bonuses, just to name a couple of examples)

CA is an at will state however they must’ve signed something a contract stating this length of notice

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Ohh, interesting! Thank you for the work you support by the way—mental health is such an important field!

Unless there’s a signed contract or agreement, a company cannot force a certain amount of notice. Additionally, I wonder what the consequences are if your friend does not follow that requirement. The company can’t withhold earnings.

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I think that’s a weak position and will not win...especially in a state like CA that is not employer-friendly. It’s not incumbent upon the employee to worry about their replacement. The company is responsible for that expense and it should be already budgeted for in the P&L...normal operating budget.

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Does he/she require sponsorship and/or have a relocation clawback or anything like that?

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Then no - he/she is at will. I don’t even think 2 weeks is enforceable! I think it’s customary... someone correct me if I’m wrong.

Companies in some areas of APAC have a 30-90 day notice window that is expected because of time to backfill, and because so many companies have that time frame, it's more of a common practice. In US healthcare companies I have been at, 60 days for medical staff is very common, for non-med leadership staff 4 weeks was the norm..people do give 2 weeks notice but usually at the IC level. I gave 4 months as a courtesy window to my lead when I started to look for work (also got significant raise based on that conversation) and then 6 weeks official notice that I received an offer, and 4 weeks formal notice when I accepted an offer, with a 3 week notice period to my team and peers. It was the best transition out I have ever experienced. The work I was doing was easily moved around, no one panicked, and I got to work on special projects that I deeply cared about for the company. I know this is not the norm, but I really wish it was for people. It was extremely positive, and I think there's such a level of employee engagement and care if done right. I was still a valued member of the team and I left as more engaged employee meaning I would likely tell people it's a great place to work, I would go work for my lead if an opportunity aligned with my goals, and I would return to the company. In companies with high company IP/commerical data, usually when you give notice is your last hour, and you can't pack your own desk. When I was in pharma, 2 weeks was normal and was paid out. I haven't worked in pharma in a long time, so I don't know if this is still the general practice still on the payout for the term notice period.

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