Is it Possible to Be Fired After Giving Notice

[infoseeker123]

My question involves labor and employment law for the state of: Illinois

I have been employed by my company for approximately 3 years. Four months ago, a new department manager was hired. Until the new hire came on board, my time at this company was rewarding and without incident. It is obvious she has a hidden agenda and would like to force me out of the company. During her tenure, she has written me up on 2 different occasions for absurd and exaggerated reasons. (I have been told she has a friend she would like to hire) I am sure the 3rd write up is right around the corner. While it is unfortunate, it is no longer an enjoyable place to work and I will seek employment elsewhere. If I put in a 2 week notice with a exit date, is it possible for me to be fired?

[M'sta Mikey]

Yes. Your employment is deemed at-will which means they can fire you, or you can quit, for any or no reason at all and at any time.

That is of course if you're not covered under a contact or CBA.

[Betty3]

If you put in your two weeks notice, they can accept your notice early & not allow you to work out the two weeks. (unless you have a binding employment contract to the contrary)

[BOR]

If I put in a 2 week notice with a exit date, is it possible for me to be fired?

Possible, yes, ethical, no!


IF your handbook policy states the employee is encouraged to give a one or 2 week notice of resignation, and you do, and then are fired without cause, you "may" have a legal claim of wrongful discharge. It GREATLY depends on the case law in your state on how much the courts adhere to handbook policies as implied contracts.

[cbg]

Hold on a second.

There is a VERY great difference between being "fired without cause" and an employer accepting a resignation effective immediately.

Even if an employer requests x amount of notice, they are still free to accept a resignation on the date that is convenient for them, not the date that is convenient for the employee. They should, morally and ethically, pay the employee for the unworked notice and many do, though they are not obligated by law to do so. (The employee might well qualify for UI if they do not.)

However, EVEN IF a request for notice was interpreted by state law as contractual, the remedy would be pay for the notice time. It would NOT magically make it illegal to accept the resignation earlier than the employee wanted to go.

[Betty3]

I agree with cbg. That was what I was saying in my post - they can accept the resignation notice early - they don't have to let them work out the two weeks.

"If" the employee handbook for example did require two weeks notice, they may have to pay for that time, if it's considered a contract, but that's it.

[BOR]

Infoseeker, you notice I said "may" and capitalized, meaning "emphasis added", GREATLY:

Possible, yes, ethical, no!


IF your handbook policy states the employee is encouraged to give a one or 2 week notice of resignation, and you do, and then are fired without cause, you "may" have a legal claim of wrongful discharge. It GREATLY depends on the case law in your state on how much the courts adhere to handbook policies as implied contracts.

I have read handbook CASE law for MY state, I know such exists in other jurisdictions, so I am not just spouting off impossible legal theories.

Until someone posts case law directly to counter that for YOUR state OR case law with DICTA as a counter, my post stands.

I don't have public policy case law from every state at hand. Again, if such exists for ILL, let them post it.

If such has never been challenged, then there is no case law. "Matters of first impression" are not new to the courts.

[cbg]

My answer stands as well. While it can happen, it is rare that any wording in a handbook is found to be contractual. A request for x amount of notice is just that - a request. But IF such a request is found by a court to be a requirement and the request is contractual, then pay for the balance of time would be owed. It would not make accepting a resignation early a wrongful termination. Breach of contract at best - that is not the same thing.

I don't have to show case law that says it's legal for an employer to accept a resignation early. In the absence of a law that prohibits it, it's legal. It's up to you to show case law (or statute, for that matter) that says it's not legal.

[BOR]

infoseeker, a request for a courtesy notice by an employee "may" trigger the doctrine of "promissory estoppel" if not adhered to. Your state may or may not recognize it.


In other words, although there is no "express" promise not to terminate without cause if a notice is given, an "implied" one may be possible to extract?

That's what a "matter of first impression" is. If no case law exists, that does not mean it is a legal bar to file suit.

[Mr. Knowitall]

I would be extremely surprised if there were any law in any state that required an employer to continue to allow an employee to work for even one second after they gave notice. It's not "wrongful termination" to send an employee home the moment they tell you, "I don't want to work for you any more." In some cases it may be essential to workplace safety or security to exercise your right as an employer to send 'em packing.

So when we're talking here about a "wrongful discharge" claim under those circumstances, what are we really talking about? A possible claim for wages that were allegedly promised under the provisions of an employee handbook? I know of contexts where an employer's representation that "your employment will be governed by the Employee Handbook" which "in turn, referred to a two-week notice prior to termination of all employees not otherwise terminated 'for cause,'" led to successful recovery of wages during the notice period (e.g., Lingenfelter v. Gerald Metals, Inc., No. CV010181883S (2002) - an unreported Connecticut case from 2002), but none where an employer's mere request or suggestion that employees should give notice would trigger such a claim. If you know of such a case, I'd love to read it.