Can I quit without notice?
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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.
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