HR Q&A – Can I Require an At-Will Employee to Give Two Weeks’ Notice?
Short answer: no. But you can — and should — ask for it.
At-will employment means either party can end the relationship at any time, for any reason, without notice. The moment you require notice, you’re chipping away at that at-will status. Don’t do it.
What you can do is set a clear expectation. Make two weeks’ notice the professional standard at your company — something you communicate during onboarding, not the day someone walks in with a resignation letter. Frame it as the right thing to do. Most reasonable people will respect that.
It also doesn’t hurt to be honest with employees about the downside of leaving without notice. It reflects poorly on them professionally, and if they ever want to come back or need a reference, how they left matters. That’s not a threat — it’s just reality, and most people appreciate you saying it plainly.
The decision is still theirs. But a little transparency up front goes a long way toward making sure they make the right one.
This blog does not constitute formal HR or legal advice and does not address state or local laws. Our HR Resource Center by Mineral offers further guidelines for this and many other topics. For a small additional fee you can also speak to a live HR Specialist. Contact your friendly APlus Payroll CSS for further information (including login details) or login here. Want to know how we can help your Payroll or Time & Labor process? Please contact us here. Consultation is friendly and free!