Can I quit without notice?

UPDATED: Mar 16, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I quit without notice?

I am a restaurant server and am worked like a dog. My days vary between 10 and 13 hours of work but I have been told that 8 hours is the maximum that I will be paid for. I am also not paid any overtime during weeks which I work between 48 and 64 hours. Paychecks are dispersed at random intervals. In the kitchen I have noticed food safety violations and have found myself getting yelled at in a format bordering on verbal abuse. This has affected me emotionally outside of work. I am very uncomfortable with the working situation here. The owner is my manager. If I quitnwithout notice, how this will affect future employment?

Asked on March 16, 2012 under Employment Labor Law, Maryland


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

1) Unless you have an employment contract, you are an employee at will and may quit at any time, without notice--so yes, you can do this.

2) There  is no central repository of employment-related information. You may wish to not refer prospective employers to this restaurant for a recommendation--or even omit this job from your resume--but the quiting without notice should not follow or haunt you; and in any event, based on what you describe, you have a good explanation for it (see below).

3) You must be paid overtime if you work more than 40 hours in a week--restaurant servers are not, I believe, exempt from overtime. If you are not being paid overtime, your employer may be breaking the law. Not only does that provide a good reason for leaving, but you may be able to file a complaint with the Department of Labor and/or sue the employer for the overtime you should have received, but did not.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption