Can You Get Fired After Putting In Your Two Weeks Notice?
Explore how giving two weeks' notice interacts with employment laws, company policies, and your rights in the workplace.
Submitting two weeks’ notice is a standard professional courtesy, but it doesn’t always mean an employee will work those final days. Employers sometimes choose to end the employment relationship immediately upon receiving notice, raising questions about employee rights and employer discretion. Understanding the factors involved can help workers navigate their departure.
At-Will Employment
In most of the United States, employment operates under the “at-will” principle. This legal concept generally allows either the employer or the employee to end the working relationship at any time, for nearly any reason, or no reason at all, provided the reason is not illegal. This is the default standard unless a specific agreement states otherwise, according to the National Conference of State Legislatures.
Because of the at-will doctrine, an employer typically retains the right to terminate employment even after an employee gives notice. The act of providing notice does not legally obligate the employer to keep the employee on staff for the specified period. They can accept the resignation effective immediately, essentially terminating the employee sooner than planned. While providing notice is customary, it doesn’t override the employer’s ability to decide when the employment ends under the at-will system, as long as the termination isn’t based on unlawful grounds.
Contractual Agreements
A formal employment contract can significantly alter the standard at-will relationship. These binding agreements often specify terms for ending employment, including required notice periods for both parties. If a contract mandates a specific notice period, an employer generally cannot terminate an employee immediately after they resign without potentially breaching the agreement, unless the contract allows for pay in lieu of notice.
Contracts also frequently define conditions for immediate termination “for cause,” such as serious misconduct or failure to perform duties. Simply resigning with notice typically does not meet this definition. If an employee with a contract provides notice and has not committed an act defined as “cause,” the employer is usually bound by the contract’s notice requirements. Violating these terms could lead to a breach of contract claim, potentially allowing the employee to seek damages for lost wages and benefits during the unfulfilled notice period.
Company Policies
Company policies, often found in employee handbooks, can outline procedures for resignation and termination. While generally not as legally binding as contracts, they provide guidance. Some handbooks may state the company reserves the right to make a resignation effective immediately, reinforcing the at-will principle. Others might detail a standard practice of allowing employees to work through their notice.
The enforceability of handbooks varies. Courts occasionally find that specific promises in a handbook can create expectations, but many employers include disclaimers stating the handbook is not a contract and employment remains at-will. These disclaimers usually preserve the employer’s right to terminate employment at any time, including after notice is given, regardless of standard procedures outlined in the policy.
Unemployment Eligibility
Eligibility for unemployment benefits after being terminated during a notice period can be complex. Unemployment insurance typically supports those who lose jobs involuntarily. Voluntarily quitting usually disqualifies individuals, unless the resignation was for “good cause” related to work conditions.
When an employer terminates an employee before their notice period ends, the reason for separation shifts. Although the employee initiated the departure by resigning, the employer’s action of accelerating the end date becomes the immediate cause of unemployment for the remaining notice period. State unemployment agencies often view this as an involuntary discharge for that specific timeframe. Consequently, the employee may be eligible for benefits covering the period they would have worked if the notice had been honored.1U.S. Chamber of Commerce. Can Fired Employees Collect Unemployment? Eligibility depends on the state agency’s determination of the facts and whether the employee meets other criteria, like sufficient past earnings.
Wrongful Termination Laws
Even under at-will employment, employers cannot terminate employees for illegal reasons. Wrongful termination laws prohibit firing based on discrimination, retaliation, or violation of public policy. These protections remain in effect after an employee gives notice.
Federal laws like Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA) forbid termination based on race, color, religion, sex, national origin, age (40 and older), or disability.2U.S. Equal Employment Opportunity Commission. Title VII of the Civil Rights Act of 1964 It is also illegal to fire an employee in retaliation for engaging in legally protected activities, such as reporting discrimination or harassment, requesting accommodations, or whistleblowing (reporting illegal activities or safety violations).3FindLaw. Retaliation and Wrongful Termination Furthermore, many states recognize a public policy exception, preventing termination for actions like refusing to commit illegal acts, fulfilling jury duty, or filing a workers’ compensation claim.4Bureau of Labor Statistics. The Employment-At-Will Doctrine: Three Major Exceptions If an employer terminates an employee during their notice period for any of these unlawful reasons, it constitutes wrongful termination.
When to Seek Legal Counsel
If terminated shortly after giving notice, especially if the circumstances seem unusual or lack clear explanation, consulting an employment lawyer may be advisable. An attorney can review the situation, relevant documents like offer letters or handbooks, and assess whether the employer’s actions were permissible.
Legal counsel is particularly recommended if the employer presents a separation or severance agreement. These agreements typically offer compensation in exchange for releasing the company from legal claims. An attorney can explain the terms, evaluate the fairness of the offer, and potentially negotiate on the employee’s behalf before signing.
To prepare for a consultation, gather relevant documents such as the resignation letter, employer’s response, final pay stub, company policies, and any severance agreement. A clear timeline of events is also helpful. State and local bar associations often offer referral services, and resources like LawHelp.org can direct individuals to legal aid organizations.5USA.gov. Find Affordable Legal Aid Consulting a lawyer provides an opportunity to understand your rights and make informed decisions.
