For some of us, we cannot wait to give our employers that two-week notice. But that moment may not play out the way that we envision it. When you give your employer your two-week notice, you rarely expect them to fire you immediately. That can be considered illegal. Or can it? When you have questions, you should speak to a wrongful termination lawyer from Minnis & Smallets as soon as possible.
Resigning from a job can be stressful enough without having to worry about whether your employer can terminate you after you turn in your notice As an employee, you likely want to exit on good terms while also protecting yourself legally and financially.
So what are the rules? Can you in fact be fired after resigning? Let’s take a closer look.
When Resigning Turns Into Termination
In most cases, your employer does have the right to end your employment immediately after you give notice that you’re quitting. This is because the vast majority of workers in the U.S. are considered “at-will” employees.
At-will employment means that either the employer or the employee can terminate the working relationship at any time, for any reason or no reason at all. The only caveat is that the termination cannot involve illegal employment discrimination.
So once you tell your boss that you’re resigning, they have the option to accept your resignation effective immediately rather than keeping you on board for the typical two-week notice period. Essentially, the resignation turns into an involuntary termination.
However there are some important exceptions to at-will employment laws that can impact terminations following a resignation
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Employment contracts: If you have an employment contract, the terms may require that you provide advance notice before leaving and that the employer continue employing you for that notice period. Breaching these terms can make either party vulnerable to a lawsuit.
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Union agreements: If covered by a collective bargaining agreement, the contract language will dictate the notice requirements and protocols for both the employee and employer.
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State laws: A handful of U.S. states have modified at-will employment rules, so employees may have some protections against terminations after resigning.
The key is to understand your rights and your employer’s rights where you work so you can navigate the resignation process smoothly.
Why Employees Get Fired After Giving Notice
While it may seem unnecessary or even vindictive, there are some reasons why an employer might opt to terminate you immediately after you resign:
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They want to protect company assets and information if they are concerned about your motivations for leaving or loyalty.
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There is worry that you will try to poach clients or co-workers if you stay on during a notice period.
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They need to abruptly shift your job duties to others and prefer a clean break.
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Your role is critical, and they want to begin finding a replacement ASAP.
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There is concern about retaliation or sabotage if you are disgruntled about resigning.
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They do not want to pay out the notice period or have you collect a few more days of benefits.
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The company prefers to control the narrative and timing around your departure.
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Leadership takes resignations personally and reacts emotionally.
Of course, there are still plenty of bosses who will politely accept a resignation, acknowledge your contributions, and make the remaining days comfortable up until your departure. But it’s wise to be prepared for other outcomes too.
How to Protect Yourself if Fired After Giving Notice
Here are some proactive steps employees can take to avoid or handle being terminated after turning in a resignation:
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Check the company handbook. Look for any policies about voluntary resignations, including whether the company commits to keeping resigning employees on board through their notice periods.
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Build up an emergency budget. Have some savings on hand in case your income stops immediately after resigning. You likely won’t qualify for unemployment benefits if you are fired after quitting.
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Back up personal data. Remove any personal emails, files, and data from work devices and accounts prior to giving notice. Assume you could be denied system access right away.
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Make copies of work. Save copies of projects, presentations, reports, or anything else you may want for your professional portfolio outside of work computer systems and email.
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Document relationships. Collect contact info and connect via LinkedIn with colleagues you want to stay in touch with after your employment ends. Don’t wait until the last day.
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Be prepared for an escort. Know that you may need to turn in badges/keys and be escorted out immediately if terminated after giving notice. Don’t take it personally.
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Explain the transition positively. Focus on the exciting new opportunity rather than any negative feelings about your employer’s actions if asked about why you left a job quickly.
Should You Ever Skip Giving Notice?
The standard best practice is still to provide two weeks’ notice when quitting a job. It allows you to leave on a positive note and with all obligations fulfilled. Your employer will appreciate the transition time too.
However, it may be smart to resign effective immediately if:
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You know your employer has a pattern of terminating resigning staff right away.
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The company is experiencing layoffs currently.
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Your work environment feels hostile, volatile or unsafe.
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You have reason to believe you’ll be accused of misconduct or mistreated.
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You do not need the reference from this particular job.
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You have abundant savings or another job lined up already.
In these types of situations, offering notice may do more harm than good. Protect yourself and your finances by considering an immediate resignation.
Understanding the Legal Protections
If you are terminated shortly after giving notice, you may wonder if the firing was even legal. As we’ve discussed, at-will employment means it was likely permissible, but protections still exist against:
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Discrimination: If you have evidence you were fired because of your protected class status, that would be illegal. Protected classes include race, gender, religion, age over 40, and disability.
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Retaliation: If you’re fired for exercising legally protected rights, such as taking approved medical leave or reporting unlawful practices, you may have a claim of retaliation. Consult with an attorney.
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Breach of contract: If you have an employment contract or fall under a union agreement that was violated by your termination, consider filing a lawsuit.
Outside of these scenarios, however, the firing will likely stick even if it seems unfair. Make sure you fully understand your rights and weigh the pros and cons before submitting that resignation notice.
Key Takeaways
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Most employees are at-will, meaning they or the employer can terminate employment at any time. This holds true even after an employee resigns.
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Companies often exercise their right to terminate resigning staff immediately for financial, legal, or logistical reasons.
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Protect yourself by backing up data, building emergency savings, and handling the transition gracefully.
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In some cases—like a hostile work environment—quitting immediately with no notice may be the wisest choice.
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Unlawful discrimination, retaliation, or contract violations may allow you to fight the termination. But at-will firings are difficult to contest.
Resigning from a job while minimizing personal and professional risks requires strategy and self-protection. But when handled thoughtfully, you can move on to that exciting next opportunity with confidence.
What Are At-Will Policies?
Sometimes, an employer can fire you after you give them your two-week notice. It depends on your employment relationship. Many workers are employed at will. That means the employer can fire them at any time, whether they have a reason or not. As long as the reason is not illegal (i.e., based on a protected class or action), it is typically legal. However, some employment contracts come with protections that prevent employers from firing their employees after giving notice.
Reasons That Employers Will Risk Firing You
You might wonder why your employer would fire you if you already gave notice of your departure. There are different reasons. Your employer might want to stop paying you if they know you are leaving. They might want to hire a replacement immediately, and do not want to pay you both during that two weeks. In other situations, an employer might simply be offended that you are quitting, or the employment relationship has soured so much that your employer is ready to end it immediately instead of waiting.
You Get Fired after Giving Notice: Are You Entitled to Severance?
Can my employer terminate me after resigning?
Resigning properly allows both you and the company to transition to the next phase. However, some employers may attempt to immediately terminate you upon learning about your resignation. In this article, we will cover whether your employer can terminate you after resigning along with other aspects of leaving your current position.
What is the difference between termination and resignation?
While both termination and resignation result in you leaving a company, the two terms have many differences. Here is a look at some of the main differences between the two: The main difference between resignation and termination lies in who initiated the severance of employment.
What happens if you resign from a job?
Keep in mind that if you give proper resignation notice, you can continue to receive your regular compensation through your final day of employment. Though resignation is voluntary, in some cases, an employee may face a forced resignation. With this type of resignation, an employer gives their employee an ultimatum—to resign or be fired.
Can employees be fired immediately if they resign?
“In most states, however, employees have no right to be paid for the resignation period and an employer can lawfully terminate immediately.” He added a word of caution. “If employees come to understand that they will be fired immediately on resignation as a company practice, they may choose to stop providing notice,” he said.
