How to Quit As an "at Will" Employee

Co-authored by Clinton M. Sandvick, JD, PhD

Last Updated: October 8, 2022 References

Quitting your job can be a tense experience. If you were a good employee, then your boss might be upset to see you go. By contrast, if you had a rocky employment relationship, then your employer might be afraid that you will sue them. In either event, you should try not to burn any bridges on your way out. Instead, offer to train replacements or to finish big projects, and make sure that you say “thank you” to any colleagues you hope to remain in contact with.

Part 1

Part 1 of 3:

Notifying Your Employer

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Confirm you are an “at will” employee. In almost every state, you are presumed to be an “at will” employee. If you don’t know what kind of employee you are, then you are probably “at will.”
- You are not “at will” if you have an employment contract.^{[1]
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  Research source} Think back whether you signed an employment contract before you started working.
- Go through your papers and see if you signed anything resembling an employment contract at any point in your employment.
- Also think about any promises that you might have made. You can create an employment contract by making oral or written promises. For example, if you promised a boss not to quit without giving a month’s notice, then you might have created a contractual obligation.^{[2]
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2
Find a convenient time to quit. As an “at will” employee, you can quit your job at any time and for any reason.^{[3]
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Trustworthy Source
Workplace Fairness
Nonprofit organization focused on public education and advocacy on issues related to employment and labor law
Go to source} Nevertheless, you should give some consideration to your employer’s needs. After all, you probably want a good work reference and you don’t want to burn bridges on your way out of the workplace.
- If possible, don’t leave during a rush period. For example, if you work in sales, then you might want to wait until the Christmas rush finishes before giving your boss notice.
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3
Consider whether to give a reason. You don’t have to give a reason for leaving.^{[4]
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Research source} Nonetheless, your boss might ask. You should consider whether you want to give a reason.
- If you got a great new job with better pay, then you should certainly tell your employer. They are often interested in knowing what the market pay is for jobs like yours.
- You might not want to give a reason if you hated your job and only have negative things to say. In this case, you might just want to shake your head and say, “It’s for a lot of reasons.”
4
Tell your immediate supervisor. You should tell your immediate supervisor in person that you are leaving.^{[5]
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Trustworthy Source
Harvard Business Review
Online and print journal covering topics related to business management practices
Go to source} It’s common courtesy. Your boss might need you to write a letter, but you should initially tell them in person.
- After telling your boss in person, you should follow up with an email. Be gracious but brief.
- You can simply state, “I wanted to follow up on the conversation we had this morning, when I told you that I intend to leave the company on April 16, two weeks from now. It’s been a pleasure to work for you.”

Part 2

Part 2 of 3:

Leaving on Good Terms

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Give advance notice. Your employer might need some time to find a replacement. Giving at least two weeks’ notice is fairly standard. By providing notice, you can help preserve the relationship with your boss.^{[6]
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- If you are higher up in your organization, then you might need to give more than two weeks’ notice.
- However, you shouldn’t give notice too much time in advance.^{[7]
  X
  Trustworthy Source
  Harvard Business Review
  Online and print journal covering topics related to business management practices
  Go to source} Your continued presence in the office can make you seem like an outsider and might make people uncomfortable.
2
Tell a consistent story. After telling your boss, you can tell your other colleagues. They will find out eventually, and there is no real reason to keep it a secret.
- However, you must tell a consistent story.^{[8]
  X
  Trustworthy Source
  Harvard Business Review
  Online and print journal covering topics related to business management practices
  Go to source} Don’t tell one person that you are leaving because you have found your dream job but tell someone else you are leaving because you hate your boss.
- Your colleagues talk to each other. Word will get out, and people will lose respect for you if you are telling different stories about why you are leaving. Come up with one reason and stick to it.
3
Offer to train replacements. You can offer to train any replacement that your employer hires to take over your job.^{[9]
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Research source} Even if your employer doesn’t take you up on the offer, the gesture puts you in a good light.
- At a minimum, you should get your files in some sort of order. Many people let documents pile up around their desk because they instinctively know where something is in the pile.
- A new employee, however, needs documents stored in an orderly file cabinet. For tips on how to organize files, see Organize Office Files.
4
Complete big projects. You should try to finish up large projects, even if you need to work extra hours in order to get everything done. This will reflect well on your professionalism.^{[10]
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- If you absolutely cannot finish everything, then try to leave detailed instructions for how your replacement can complete the project.
5
Return supplies and equipment. You shouldn’t leave your workplace with any property that isn’t yours. If you are unsure about what is yours, then be sure to ask your employer. For example, you should not take:^{[11]
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- office supplies
- client information
- business records
- phones or computers
6
Think about doing an exit interview. Your employer might ask you to do an exit interview. This is your choice. At the interview, someone from Human Resources will typically ask you questions about your job and what you liked or didn’t like.
- If you choose to give an exit interview, then don’t unload on the interviewer. You might be tempted to explain everything you disliked about the job. It is in your best interest not to.
- Word travels fast. Although you might be promised anonymity during the exit interview, you can’t be guaranteed it.^{[12]
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  Trustworthy Source
  Harvard Business Review
  Online and print journal covering topics related to business management practices
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- Your best bet is to remain positive. If you have criticisms to make, then offer them in a constructive manner. For example, if a boss berates his subordinates, you could say, “I’m not sure Jim is really happy in his role. I don’t know. Maybe he should discuss transitioning to something more comfortable for him.” In this way, you tip off Human Resources that there might be a problem, but you couch it in a way that expresses concern.
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Keep in touch with colleagues. Remember that the relationships you formed at your job might come in handy in the future. Former colleagues might someday become bosses at companies who might hire you. You can try to keep in touch even after you are gone.
- Create a LinkedIn profile and add the person to your network.^{[13]
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- You can also add close colleagues to Facebook or Twitter.^{[14]
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  Research source} However, only do this if you maintain your social media accounts for professional purposes. You shouldn’t add people if your Facebook page contains pictures of you getting drunk or behaving inappropriately.
- Send an occasional email. Send an email every now and then and catch up on what people are doing. Try to get personal email addresses, since those follow a person around after they leave the company.

Part 3

Part 3 of 3:

Handling Legal Issues

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Get your final paycheck. Your employer needs to pay you promptly for any time worked. Your state sets time limits for when your employer must give you your final paycheck.^{[15]
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Research source} Although the laws differ by state, you should certainly follow up with your employer if you are not paid by the next pay period.
- For example, you might be paid on the last business day of the month. If you quit on the 12th, then you should wait until the end of the month. However, if you are not paid by that time, you should contact your employer.
2
Consider a “constructive discharge” claim. You might have quit because you felt that you had no other choice. When harassment on the job becomes so intolerable that you feel you have no choice but to leave, then you could bring a lawsuit for “constructive discharge.”
- A court will consider a variety of factors. For example, being demoted or receiving a reduction in pay are two factors a court will look at.
- A court will also consider whether you were harassed or badgered. Often this type of abuse, when coupled with a demotion or reassignment, is proof of constructive discharge.
- You also should gather evidence that you complained about the work conditions. There should be a paper trail of complaints using your employer’s grievance system. If you claim harassment without having ever formally complained, then a court might disbelieve you because you never documented the abuse while you were working.
- You shouldn’t bring a constructive discharge claim lightly. Indeed, you should talk with a lawyer before proceeding. Nevertheless, it is an option if you were severely harassed at work.
3
Meet with a lawyer. You might have legal issues you want to discuss. For example, your employer might not have sent your final paycheck on time, or the employer didn’t pay you for your accrued comp or vacation time. You should meet with a qualified attorney to discuss whether you have a legal claim.
- You can find an employment lawyer by contacting your state’s bar association, which should run a referral program.
- After getting a referral, you can call and schedule a half hour consultation. During the consultation you can discuss whatever legal issue you have and ask the lawyer for advice.