If I signed a letter or resignation but they decided to consider my resignation for a day earlier and I was not to report to work my final day, was I fired?

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If I signed a letter or resignation but they decided to consider my resignation for a day earlier and I was not to report to work my final day, was I fired?

I submitted a letter of resignation dated for friday august 4th to be my final day. On the 3rd the company scheduled my exit interview for 430pm 30 minutes past my scheduled time to leave for the day. At the end of my exit interview my

employer gave me a copy of a non-compete agreement that I signed 4 years prior as a means of preventing me from working for another dealership of the same nature close by. Mind you, my employer is in the process of selling out to a large corporation in which I do not wish to work for. First question is, since they did not let me complete my work until my stated day of resignation, was my employment

terminated? Second question, can the company hold me to a non-compete agreement if they can no longer offer me employment?

Asked on August 4, 2017 under Employment Labor Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

1) Once you indicate you are resigning, you *are* resigning: you have stated that you will be voluntarily leaving employment. The employer is not obligated to honor your entire notice period (providing notice is customary, not the law) and your resignation is still effective (i.e. you quit, and not were fired) even if they don't let you work the last day of your notice period. It is your indication that you are voluntarily leaving work, not the exact date you put in for notice, that is critical.
2) Since you would be held to have resigned, the non-competition agreement is binding on you: when you voluntarily (your choice) separate from employment, you are held to any non-competes you signed.


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