Terminated after resignation

[kelryer]

What is the name of your state (only U.S. law)? NM

Last week, I turned in my 2 week notice of resignation effective January 21. If it makes a difference, my new job is in a completely unrelated industry so I will not be going to work for one of their competitors. When I spoke with my manager to let her know that I would be resigning, she advised me that I don't have to ride out the two weeks, but I told her that I prefer to leave on the date stated in my letter and she was fine with that. Today, that manager called me to let me know that because I'm resigning they will not be giving me any more work and that I need to come in and pick up my things. She didn't technically say that they were terminating me, but they chose to end my employment 9 days early. There is no reason for them to want to get rid of me sooner. I did my job well, I got along great with my coworkers and manager, and I have never been written up or received any warnings. So long story short, can they fire me after I have already quit?

 

[Chyvan]

Yes, they can.

However, some states treat this as a discharge, and you might be eligible for unemployment for a week, maybe two if NM has no waiting week to take some of the sting out of losing pay that you might have included in your budget until you start your new job. Also, you could maybe ask the new job if you can start early.

Be sure to tell all your former coworkers so they can be prepared for what you are going through now.

 

[cbg]

It's not only legal, it's not even uncommon, and depending on the industry there can be very good and sound reasons for it.

 

[commentator]

When you give notice, you quit. You are putting yourself out of work through your choice. You inform your employer. It is not your decision when to leave. It is to the company's advantage to have you leave immediately in some cases. Do you really want a possibly disgruntled employee sitting around collecting your trade secrets, using your office facilities, possibly spreading word to other employees of a great new place to work?

Notice is a courtesy, you offer to work a few more weeks to finish up your duties, but they do NOT have to accept and give you the weeks of work still left as you have requested them. And it is still considered a quit, not a firing. All separations from employment are called "terminations" by the employer in many cases, incidentally. It certainly does not mean they have to show they had a valid work related misconduct reason to ask you to leave immediately or a couple of days early when you have resigned instead of working out your choice of leave schedules.

They are perfectly able to do this, it is perfectly legal for you quit, and for them to decide WHEN to accept your resignation. It is not considered a misconduct termination for them to do so, and you don't need to "inform your co workers to expect this," as if it were some sort of anomaly. You know how many places have a security guard escort you out of the building after you are terminated, laid off, downsized, etc.? The thought here is the same. They do not want to let a short termer who is leaving their workforce with a possible grudge or motive to do them harm or "pay them back" for real or imagined problems on the job once they know they're leaving. Why let a self terminated person do the same?

I am not at all sure that you would turn out to be eligible for unemployment simply because after giving notice, your employer does not allow you to work until your choice of dates to quit, but go ahead, file a claim during those 9 days you are out of work "through no fault of your own"? and see what happens with unemployment. There's no downside to filing.

Just don't count on it to be an enhancement of your income while you are waiting to be paid the first time at the new job. Even if you prevail in unemployment, it won't happen especially quickly. Most unemployment claims, even clear, clean lack of work claims take four to six weeks to be approved and have you start receiving money. And your state does have a waiting week, so you are not paid for the first week of a new claim even if approved.

 

[OHRoadwarrior]

They did not terminate you. They accelerated your resignation date for business purposes. You offered a courtesy, they declined the courtesy once they had the position covered.

 

[Ladyback1]

They did not terminate you. They accelerated your resignation date for business purposes. You offered a courtesy, they declined the courtesy once they had the position covered.

Heck, they don't even have to have the position covered!

Had this happen to me. It is what it is, and the OP is just going to have to put on his big boy underoos and move on.

 

[kelryer]

Money and unemployment compensation isn't a concern. I'm just angry about the fact that I didn't have to opportunity to contact all of my clients, because I knew best which clients I should refer to which co-workers. I've just never seen employment terminated before the agreed upon date of resignation. But whatever, two week vacation for me. Thanks to everyone who replied. Except for ladyback1, but don't worry dear, my panties and I are moving on just fine.

 

[Ladyback1]

Money and unemployment compensation isn't a concern. I'm just angry about the fact that I didn't have to opportunity to contact all of my clients, because I knew best which clients I should refer to which co-workers. I've just never seen employment terminated before the agreed upon date of resignation. But whatever, two week vacation for me. Thanks to everyone who replied. Except for ladyback1, but don't worry dear, my panties and I are moving on just fine.

And the bolded is EXACTLY why they did not want you to hang around for 2 weeks.
While I am sure that you would have never said anything derogatory or disparaging (about your employer/coworkers), the company could not take that risk.

 

[ivanl3]

What is the name of your state (only U.S. law)? NM

Last week, I turned in my 2 week notice of resignation effective January 21. If it makes a difference, my new job is in a completely unrelated industry so I will not be going to work for one of their competitors. When I spoke with my manager to let her know that I would be resigning, she advised me that I don't have to ride out the two weeks, but I told her that I prefer to leave on the date stated in my letter and she was fine with that. Today, that manager called me to let me know that because I'm resigning they will not be giving me any more work and that I need to come in and pick up my things. She didn't technically say that they were terminating me, but they chose to end my employment 9 days early. There is no reason for them to want to get rid of me sooner. I did my job well, I got along great with my coworkers and manager, and I have never been written up or received any warnings. So long story short, can they fire me after I have already quit?

Did you ask if they would still be paying you up until your resignation date?

It is not uncommon for employers to pay employees through a termination date (whether that date be established by a layoff or resignation) yet not require the employee to report to work between the time the resignation/layoff is announced and the effective date of the termination. No harm in at least asking.

 

[ecmst12]

Actually that would be VERY uncommon. Unheard-of, in fact.

 

[CenTex71]

Actually that would be VERY uncommon. Unheard-of, in fact.

Not true. Happens in retail banking and financial services quite frequently.

 

[cbg]

Actually that would be VERY uncommon. Unheard-of, in fact.

Not at all. I've personally never worked for a place that wouldn't pay out an unworked notice. Admittedly it doesn't happen everywhere, but it's not in the least unheard of. At least not up here. It might be regional.

 

[ecmst12]

Interesting. I haven't heard of it, if the person is quitting.

 

[ivanl3]

Actually that would be VERY uncommon. Unheard-of, in fact.

This is the norm. It has been the case at every place I worked during my 30 years in management in corporate America (in multiple industries). You are painfully out of touch. And dispensing fabricated answers as if you what you know what you are talking about is dangerous.

And to the OP --- at least ask the question. Let us know how it turns out. Good luck.

 

[cbg]

We didn't want sales people who had resigned to work out their notice because we couldn't be sure where their loyalties would be - with us or with the products they'd be selling in future. And we didn't want them taking clients along with them. So we'd walk them out, but if they'd been polite enough to give us notice we thought it only right to pay them for the time.

And if we were going to pay out salespeople for their notice time, if there was anyone else who, for one reason or another (access to sensitive information, whatever) we didn't want working past their resignation date, we'd pay them too.

Most people we'd allow to work out their notice. But every once in a while we'd have a reason to accept a resignation immediately. If they cared enough to give us notice, we'd pay out the time.