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snkline | 2 years ago

In the US, implied employment contracts are "at-will". This means the employer may fire an employee for any reason (except reasons that explicitly break a law, like firing a black employee for being black). Likewise, an employee can quit at any time, with no recourse for the employer (2-weeks notice is a custom, not a contractual obligation under at-will employment).

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mvdtnz|2 years ago

Just to be clear we don't have indentured servitude or forced labour in my country either. Employees can quit any time they like, even with employment contracts. A contract cannot force anyone to work, under any conditions. Even with a contracted notice period an employee can walk away at any moment. They would be in breach of their employment agreement but there's very little recourse on the employers side. The employee must be paid for any work they have performed, no exceptions.

The employer may sue for damages in the case an employee does not complete their notice period, but they cannot force them to work it. And the employer would need to demonstrate damages.

But an employer cannot just dump an employee who has an employment contract (implied or explicit).

Sohcahtoa82|2 years ago

> The employer may sue for damages in the case an employee does not complete their notice period, but they cannot force them to work it. And the employer would need to demonstrate damages.

Not completing your notice period opening you up to a lawsuit sounds like essentially forcing you to work.

In America, it is exceptionally rare to hold someone liable for quitting their job, even if there are damages. Like, if I work the opening weekday shift at a small store, and decide to quit with zero notice, and now there's nobody available to open the store the next day, it's not my problem. Even though the owner could demonstrate the damages of lost sales an during those hours, there's literally nothing they can do.

At a larger corporation, even if my departure causes some major project to fall behind schedule, it's not my problem. Software engineers can quit with zero notice and be completely immune to any legal ramifications.