I work for a very large company in San Francisco office. My employer required me to sign an agreement to give a 60 day resignation notice as a condition of continuing employment with the company. I did sign. This makes it difficult to look for a new job, since few potential employers want to wait 60 days.
There is no specific law against doing this. However, because no-compete clauses in California are unenforceable for employees who are not owners of a business, this 60 day resignation notice clause may be unenforceable as a violation of public policy since it tends to have the same result as say a 2 month no compete clause.
The more interesting question might be what sort of liability do employees expose themselves to if they breach the 60 day resignation notice clause by leaving early. No reasonable judge would issue an injunction forcing an employee to keep working until the 60 day notice period ends because that would amount to slavery. I don't know that the employer would have any calculable money damages. If so, it probably would not be in an amount worth suing over.
Note, sometimes employers put wild clauses in employment agreements even though they know the clauses are likely unenforceable because employers are well aware employees often assume employers would never do anything underhanded, assume everything in the employment agreement is legally enforceable, and assume it would be too expensive and problematic to fight. It's like posting a scary looking "Beware of Dog" sign on a compound without actually having a dog on the compound. Most people will not trespass to find out if the dog is really there.
Consult with an attorney who can review the agreement when you are actually looking for a new job and you believe the 60 day resignation notice clause may actually be an issue. The "Find a lawyer" tab at the top right corner of Avvo.com can help you find a nearby employment lawyer.
You should not rely on this response as legal advice. This response does not create an attorney-client relationship nor any professional responsibility for the outcome of your case. Please hire a lawyer as soon as possible to advise you on your circumstances.
I've been thinking about this for a bit, and given that California has determined that non-compete clauses violate public policy, and are, as such, null and void, I'm pretty sure that a 60 day resignation notice is also unlawful. But to get a definitive answer, you are going to need to hire an attorney to research the issue.
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