Can an employer fire you when you hand your resignation in?

rwa000

nope happens quite often, they quit technically, they don't fire you they just tell you that you can leave now

yeahgirlgirl

No, many employers will terminate you at that point to avoid theft. It is actually quite common.

Because John McCain Said So

Employers can fire you for anything except race, gender, disablity, ect.

Lotz

nope... they can do whatever the hell they want

Judy

Yes they can fire him. But it doesn't even sound like that has happened, and it's certainly reasonable to start reassigning his tasks if he's leaving in two weeks. What did he think was going to happen?

And just why is it that you are getting involved?

Jenn_from_da_Chi

Typically and Employer wants some one to quit so they do not have to pay unemployment. This sounds odd. Unless your friend works in a very heavy customer service field. For example if your job description is to handle customer issues face to face or over the phone, and it's one of those jobs that require you to give 110% everyday all the time, and you resign. The employer will feel the need for you to leave right away, since you obviously don't care about being there anymore. It is bad business when you have someone in a cust rep position who really does not care about the job because they just put int heir 2 weeks notice. Is that clear? Is this that particular situation?

If not sounds like something from the movie Friday- getting fired on your day off.

sunflowers

No. I think it is fairly common nowadays. But if you don't give notice, then they diss you for that too when other prospective employers call them for references. They think you will somehow conduct sabotage on the job during those two weeks...sort of like a lame duck.

JWas

If you give them notice to go to another they can terminate you that day.

A lot of companies do this and it isn't illegal.

jrtagger

I don't believe so, but it seems a little tacky. I mean, it'd be almost the same as if your boss fired you and you responded, "You can't fire me, I quit!". I'm sure if the boss is a normal person he would consider the weeks notice as a nice gesture. Think about it, your friend could have just left without notice.

Am_I_Bluffin'??

There is no law against this. However, if you are fired, you are still entitled to the appropriate severance pay as required by law. In Canada, you can be terminated without reason as long as your employer pays you the proper amount of severance.

jobbend

If your friend was in a "work at will" position, which most are, then you can be fired for any reason or no reason at all, and can quit for the same reason. The two weeks notice is a professional courtesy, and the right thing to do. Many companies, depending on the position, choose to walk you out the door the minute you hand in your notice.

For specific guidance in this, you can go to www.dol.gov/compliance and search for the laws that apply to the NJ area.

One other thing, if there is a concern that they will be listed as "fired" even though they gave their notice, I'd asking the company what severance status they will be applying to the former employee's record.

kapn

Sure can.......anytime......... anyplace..........for any reason........

danny14551

No, it is common for companies to do this

Jay L

Assuming your friend was an employee at will, as most people are, then the employer was within his rights. Either the employee of the employer generally can teminate employment for any reason, or no reason at all.

â™ Mrs Reznorâ™

did they actually fire her? I don't think they can technically, but you know employers usually have tricks up their sleeves to avoid the legalities of getting rid of a person without actually firing them. Damn shady admins :( she should try to get something in writing saying that she has been terminated, and what their reason is, otherwise if she had set hours, they will have to justify why they suddenly cut her off.

joe u is right, and perhaps if she just "casually" mentions that she would consider going the legal route, that may be enough to get them to let her work her last two weeks without having to go through a bunch of hassle

swoop7_99

well the short answer is no. Said person has already resigned therefore they dont have the rights of an employee anymore. The boss can pretty much say whatever they want about you once you quit or resign. they can even say that they fired you for stealing. So i mean you can sue them for slander, or libel if they write it. these kind of cases are a slippery slope and often not worth the time or money invested in them.

Janie J

It is dumb on the part of the company. I don't think it is illegal unless you want to fight them for a good reference in which case see an attorney.

Muledancer

If the firing is unjustified, one can take the former employer to court or at least to a session with a judge.
It takes a lot of paper work and evidence to prove justified discharge so it may be worth the trouble if there is money involved.

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