Last month, Fortune magazine published an article describing an increasing trend in "revenge quitting," where employees leave without any advance warning or notice. These departures can cause significant business disruptions for employers and place burdens on co-workers expected to pick up the departed employee’s tasks. When considering a legal response to sudden departures, employers do not have many good options for deterring such actions.

Most U.S. workers are employed at-will. While this status gives employers flexibility over managing their workforces, the downside is that at-will employees have no legal obligation to work out a notice period. Even employees under a term employment agreement cannot be forced to work out a notice period (this is considered slavery). While the employer could sue the employee for breach of the employment agreement, proving and collecting damages can be difficult and expensive.

Some employers try to incentivize employees to provide advance notice of resignation. Many states allow PTO policies that pay accrued but unused amounts to employees who quit only if they provide advance notice of departure. Other companies will notify prospective new employers seeking references that their former employee suddenly quit. While these policies may provide some marginal disincentive against resigning without notice, these limited measures may not deter a truly disgruntled employee.

The Fortune article cites toxic workplaces and poor management as the leading causes of revenge quitting. The best ways for employers to address these issues may lie with employee relations and human resources initiatives instead of legal strategies. If employees feel valued and respected, they may be more likely to reciprocate these behaviors when departing employment.

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