Can I be fired but have it stated as a resignation?

If I tell my company that I am unhappy and I’ going to start to look for new job giving them a heads up so that we can train someone to take

my position nd they fire me, will I have to pay back my moving costs as stated in the contract like I resigned? Basically, they’re saying that if they just let me go today because I told him I want to look for a new job its going to be like I resigned and not got fired.

Asked on August 6, 2018 under Employment Labor Law, North Carolina


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Giving notice is a courtesy but it not legally required. Accordingly, nce you give it it is considered to be a resignation which an empoyer can make immediately effective. That is unless doing so would violate the terms of an empoyment contract/union agreement or in some way constitutes a form of legally actionable discrimination (e.g. all men are treated differently then women regarding the giving of notice, etc.).

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If, as you write, you told your company you were going to look for another job, that IS a resignation: it is a statement you intend to stop working there and will not be keeping your job. Once you tell that them that, you have resigned: they are not obligated to let you remain until you want to go once you tell them that you will be going, but rather can treat the resignation as effective immediately.

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