CanI be terminated prior to my date of resignation?

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 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.


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