Can you be fired after quitting your job?

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Can you be fired after quitting your job?

I received a letter over 3 weeks after my last day of work saying I was fired and will not be receiving my saved vacation pay. I left early the last day with manager approval but the letter said I left without permission.

Asked on April 21, 2012 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You may be fired after providing notice, but before your resignation is effective (for example, if you tried to provide the traditional two weeks' notice, your employer could terminate you immediately after you gave notice, without allowing you your two weeks); however, if you were allowed to resign, then the employer may not after-the-fact or retroactively convert your resignation to termination. You could sue for the saved vacation pay, if under your employer's then-in-force policies, you would be paid it out on resignation.

Of course, if you do not already have a new or replacement job, if you were fired, not resigned, you may be eligible for unemployment  insurance; it could be to your net benefit, depending on the circumstances, to allow your employer to characterize your separation from employment as termination.


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