CanI be terminated prior to my date of resignation?

UPDATED: Jul 21, 2010

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CanI be terminated prior to my date of resignation?

I put in my resignation for 07/08 but was let go on 06/30. Can I get unemployment?

Asked on July 21, 2010 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

1) If you did not have a contract or employment agreement, you are an employee at will; employees at will may be terminated at any time, for any reason.

2) Giving notice (rather than simply leaving or resigning on that day) is a custom, but not legally enforceable. Neither the employee nor the employer needs to honor notice. Therefore, the employer can terminate you after you gave notice, but before the date you gave notice for.

3) If you resigned, you would not be able to get unemployment; however, if you were fired, you might be able to--in fact, you should, as long as you were not fired "for cause" (e.g. insubordination, violence, theft, breaking workplace rules, etc.). If simply let go or terminated without explanation, you should be eligible for unemployment.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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