Can I still be fired if I already resigned.

posted by Neil Klingshirn  |  Oct 4, 2014 4:20 PM [EST]  |  applies to Ohio

Most employers want employees to give them a two week notice before resigning. Sometimes, though, employers accept a two week notice immediately, in effect firing employees two weeks before the employees wanted to leave. 

Employers are within their rights terminating at-will employees at the moment they receive a two week notice. The at-will employment relationship lets either party end the employment at any time. When employees give their two week notice, they want their employment to end, in two weeks. The employer is still free to terminate the employee, immediately, and can do so at any time during the two week notice period. 

Employers may accept resignations right away out of concern for security or loyalty, but it does not make it any easier on the employee who was counting on those two weeks of pay. As a technical matter, the employee may be eligible for unemployment compensation benefits for a portion of those two weeks.

For purposes of future job applications, employees could truthfully state that the reason for leaving that job was a voluntary resignation, since they made the decision to terminate the employment relationship first. 

posted by Neil Klingshirn  |  Oct 4, 2014 4:20 PM [EST]  |  applies to Ohio