Fired after giving notice of resignation - what can I do?

Once an employee turns in his/her resignation is it illegal for the
employer to lay the employee off?

2 answers  |  asked Mar 15, 2001 10:29 PM [EST] in Employment Law  |  applies to Ohio

Answers (2)

Neil Klingshirn
Your employer can fire you after you resign.

Assuming that the employee is "at-will", the answer is no. At will means that the employer can terminate the employee at any time for any reason, other than an unlawful reason, and the employee can quit at any time as well. Most employees are at-will, unless they enter into a contract of employment.

Since an employer can fire an at-will employee at any time, the employer is free to do so when the employee turns in a resignation. Many employers do this.

Though not unlawful, a termination for submitting a resignation should entitle you to unemployment compensation for the time before you intended to resign. Since you are not eligible for the first week, this should entitle you to unemployment compensation for the second week.

Regards,

Neil Klingshirn
Fortney & Klingshirn

posted by Neil Klingshirn  |  Feb 20, 2001 6:54 PM [EST]
Richard Renner
File for unemployment if your employer fired you b

Under ordinary "employment-at-will" rules, either the worker or the boss can terminate the employment relationship at any time, for any reason, or no reason, except for illegal reasons. I am not aware of any law that protects employees who give advance notice of a resignation. If you have a union contract, or some other written contract with the employer, that may control. For example, if the employer's manual says workers must give advance notice, then firing someone for giving that notice may be a breach of contract.

However, if you are fired for giving notice, then you were fired without just cause for unemployment compensation purposes. You can file for unemployment at any Job Services office in the US or
Canada.

Richard Renner

posted by Richard Renner  |  Feb 20, 2001 6:47 PM [EST]

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