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?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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 6 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.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption