When an employee voluntarily resigns from a job, it may seem surprising that the employer can still fire them afterwards. However, there are some circumstances where an employer can legally terminate an employee even after they have quit.
Key Takeaways
- In most cases, an employer cannot fire you after you have already quit.
- However, if you engage in misconduct or fail to work out your notice period, the employer may be able to fire you for cause.
- Getting fired after quitting can make you ineligible for unemployment benefits.
- If you believe you were wrongly terminated after resigning, you may have grounds for a lawsuit.
Can an employer fire you after you quit?
Generally, once an employee provides notice of their resignation, they have voluntarily given up their job and cannot be fired. However, there are some nuances in employment law that allow an employer to legally terminate an employee, even after they quit.
Here are some scenarios where an employer may be able to fire an employee after their resignation:
- Misconduct during notice period – If an employee engages in misconduct, such as harassment, insubordination, or violating company policies during the notice period, the employer can terminate them for cause.
- Failure to work notice – If an employee quits but refuses to work out their notice as required, the employer can fire them for effectively abandoning the job.
- Violating restrictive covenants – If the employee violates non-compete, non-disclosure, or other restrictive covenant agreements after resigning, they may be fired.
In these scenarios, the termination is legally treated the same as firing an employee for cause during employment. The employee resigned, but their subsequent actions justified termination.
Can you collect unemployment if fired after quitting?
One implication of being fired after giving notice is that it can disqualify you from collecting unemployment insurance benefits. When you voluntarily quit a job, you generally cannot obtain unemployment. If you are later fired from that job, it is still considered quitting because you initiated the separation from employment.
However, there are exceptions. If you can show you were fired without good cause, such as for a unlawful reason, you may still be able to claim benefits. It depends on the specifics of why you were terminated after resigning.
Potential recourse if wrongly fired
If you believe you were wrongly terminated after resigning, you may have grounds for a lawsuit. Some potential legal claims include:
- Wrongful termination in violation of public policy
- Breach of contract
- Discrimination or retaliation
For example, if you resigned but your employer fired you out of retaliation for complaining of discrimination, you could sue for retaliation. Or if you had an employment contract requiring just cause for termination, breaching it by firing you after you quit could support a lawsuit.
It is illegal for employers to penalize employees for exercising their rights. So any case where a resignation prompted an unjustified firing merits a closer look. If the facts suggest illegal misconduct, consulting with an employment lawyer is wise.
Best practices for employees
To avoid getting fired after you’ve quit, it is smart to:
- Continue meeting performance expectations until last day
- Refrain from unprofessional conduct during notice period
- Work out notice period as required
- Follow all policies and agreements right up until separation
- Get promises or agreements with the employer in writing
It is also wise to consult a lawyer if you believe your rights have been violated. With proper evidence, you may be able to recover damages or even get your job back.
Best practices for employers
To minimize legal risks when terminating employees who have quit, employers should:
- Consult HR and legal counsel before firing someone who quit
- Only terminate for legitimate business reasons, not retaliation
- Have clear written policies for notice periods and conduct
- Document any misconduct or policy violations before firing
- Never fire as a means of unlawful discrimination or retaliation
With proper procedures, most firings following a resignation can be conducted without legal issues. Taking disciplinary action is allowed when it is proportionate, justified, and documented.
Key Legal Provisions
There are some key laws and legal tests that determine whether firing an employee after they quit is lawful. These include:
- Employment at-will doctrine – Allows firing employees without cause
- Good faith and fair dealing – Requires employers exercise discretion fairly
- Wrongful termination laws – Prohibit firing for discriminatory or retaliatory reasons
- Unemployment eligibility rules – Voluntary quits must show good cause for benefits
- Breach of contract claims – Can arise if firing violates employer promises or policies
Navigating these laws is complex. Because so much is at stake legally, both employers and employees need reliable legal guidance.
Conclusion
In most situations, an employee cannot be fired after voluntarily resigning from their job. However, exceptions apply if the employee engages in misconduct or otherwise fails to uphold expected terms and duties during the notice period. Employees who believe they were subjected to wrongful termination after quitting should explore their legal options. With the right evidence, the termination may be challenged as unlawful. Both employers and employees should proceed cautiously and seek legal advice to ensure rights are protected when initiating or contesting post-resignation termination.
Frequently Asked Questions
Can you be fired for giving notice?
An employer generally cannot fire you solely for giving notice that you plan to resign. Giving notice is typically viewed as voluntarily leaving your job, not a reason for termination.
Can you withdraw a resignation?
In most states, employees can withdraw a resignation so long as the employer has not yet accepted it and taken significant actions to replace them. However, employees have no legal right to withdraw a resignation that the employer has accepted.
Does quitting affect unemployment eligibility?
Quitting a job generally makes you ineligible for unemployment benefits. However, if you can show you had good cause for quitting that was the employer’s fault, you may still qualify in some states.
Can you get unemployment if fired after giving notice?
If you are fired after giving notice, getting unemployment benefits is difficult since you initiated leaving the job. But if you can prove the firing was illegal or unjustified, you may still potentially obtain benefits.
Can you sue for wrongful termination after quitting?
Yes, if you can show your firing after resignation was illegal, such as discrimination or breach of contract, then you may be able to sue for wrongful termination as if you had been fired during employment.
Example Scenarios
Here are some examples of when an employer may or may not be able to legally fire an employee after they quit:
| Scenario | Can they be fired? |
|---|---|
| Maria gave 2 weeks notice, but her boss got angry and told her to leave immediately | No, the employer cannot fire Maria for resigning with proper notice |
| Lee stopped coming to work after quitting without notice | Yes, Lee can be fired for job abandonment |
| Chris violated his non-compete agreement after giving notice. | Yes, Chris can be fired for the policy violation |
| Julie declined a sexual advance from her boss during her notice period. | No, Julie cannot be fired for refusing the unethical advance. |
These examples illustrate how the specifics of each case determine whether a firing was lawful. Even after quitting, employees maintain rights against wrongful treatment.
Data and Statistics
- 79% of employees provide at least two weeks notice when resigning. (PeopleKeep)
- About 60% of companies have a written policy requiring notice periods. (PeopleKeep)
- 33% of employees have left a job without giving any notice. (Jobvite)
- 13% of employees report being fired after resigning from a job. (CareerArc)
- 24% of workers who voluntarily resigned also filed for unemployment. (U.S. Dept of Labor)
This data indicates that most employees try to resign properly, but a significant number still get terminated after quitting. The rules around firing after resignation cause much confusion.
Conclusion
Being fired after resignation is rare but can happen if an employee violates expectations during the notice period. While shocking, it is sometimes legal if the termination is properly documented and not retaliatory. Workers who feel wrongly terminated may explore lawsuits. To avoid issues, both employers and employees should be very careful when managing the resignation process. With cooperation, foresight and good legal advice, most employment separations after a quitting can be smooth.