What is At-Will Employment? What are the Termination Notice Periods in the US



Modified on: Tue, 17 Feb, 2026 at 10:00 AM

At-will employment means that either the employer or the employee can terminate the relationship at any time, for any legal reason, with or without notice.


Notice Periods in an At-Will Environment 

While many employers include a "requested" notice period (e.g., 2 weeks or 30 days) in their agreements, it is important to understand the following:

  • Enforceability: Because employment is at-will, an employer generally cannot force an employee to work through their notice period or sue them for leaving early.

  • Contractual Conflict: Technically, a mandatory notice period and "at-will" status are in conflict. The at-will nature usually takes precedence.

When are Notice Periods Used? 

Notice periods are most common for executive leadership or highly specialized roles. While you still cannot force these employees to work, including a notice period in their contract allows the company to:

  • Tie the notice to financial levers, such as the payout of discretionary bonuses, unvested equity, or transition bonuses.

State-Specific Limitations

In some states, most notably California, it is often impossible to enforce a notice period or penalize an employee financially for leaving without notice, regardless of their seniority level.

Recommendation

If you wish to include a notice period for top-tier talent, please consult with your Onboarding Specialist to ensure the language is aligned with the specific state's labor laws and includes the appropriate financial contingencies.

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