“Can I Be Fired After Giving Notice?”

It’s a common question lawyers are asked when practicing employment law. “I put in my 2 weeks notice and they let me go!” If it happens to any employee during their two week notice period, it can be beyond frustrating. But is an employer allowed to do that?

Unfortunately, in most cases, they employer can. But whether it’s legal, fair, or financially damaging depends on where an employee lives and the circumstances around their resignation.

In California, New York, and Washington, where some of the strongest worker protections in the country exist, there are some things a departing employee should know.

Can You Be Fired After Giving Notice?

At-Will Employment: The Core Rule

In most of the U.S., including California, New York, and Washington, employment is considered “at-will.,” which means either the employee or the employer can end the relationship at any time, with or without notice, and with or without cause: as long as it’s not for an illegal reason.

Even if an employee submits a formal two-week notice, their employer can decide to end their employment immediately. It might feel unfair or unprofessional, but it’s generally perfectly legal under the at-will doctrine.

Exceptions to At-Will Employment

While at-will employment gives employers broad discretion, there are some exceptions.

1. Contractual Agreements:
   If there is an employment contract or union agreement that guarantees a notice period or restricts termination without cause, an employer cannot end someone’s employment early without breaching that contract.

   Is the employee eligible? Under certain collective bargaining agreements or executive employment contracts, they may be entitled to full pay through their notice period.

2. Retaliation:
   If someone’s resignation followed a protected action – like reporting harassment, discrimination, or a workplace safety violation – then being terminated early could a form of retaliation, which is illegal under federal and state laws.
   • California: Labor Code §98.6 protects employees from retaliation for asserting labor rights.
   • New York: The New York State Human Rights Law (NYSHRL) and Labor Law §215 provide similar protections.
   • Washington: RCW 49.60.210 prohibits retaliation for opposing discriminatory practices or filing complaints.
3. Discrimination:
   An employer cannot use an employee’s resignation as an excuse to fire them early because of your race, gender, age, disability, religion, sexual orientation, or other protected characteristics.

If an early termination seemed linked to an unlawful motive, there might be a viable legal claim.

Why Do Employers Ask Employees to Leave Immediately?

Employers who end employment after employees notice might cite reasons, like:

• They were concerned about company security or sensitive information being leaked.
• They feared terminated employees would spread negativity, or take clients with them.
• They wanted to move on quickly.

The decision may be less strategic and more emotional. Maybe a manager wanted to assert control.

Whatever the reason, firing an employee after they’ve given notice can have legal and practical consequences for the employer and the employee.

Two Weeks’ Notice Isn’t a Legal Obligation

An employee is not legally required to give notice.

It’s a professional courtesy meant to maintain good relationships and give employers and human resources time to plan transitions.

Still, most employees give notice to leave on good terms, secure references, and maintain professional credibility.

Consequences of Early Termination

Losing Pay You Expected to Earn

If an employer decides to terminate an employee before their planned last day, they generally don’t have to pay the employee for the remaining days they would have worked, unless there’s a contract, union rule, or company policy that says otherwise.

For example:

• Someone give two weeks’ notice on March 1.
• Their last day was supposed to be March 15.
• They were fired on March 3.

  In most cases, they would only be paid through March 3, not March 15.

However, a final paycheck is still subject to state timing rules:

• California employees must be paid all wages owed immediately if terminated.
• New York employees must receive all final wages by the next regular payday.
• Washington employees must be paid by the next regularly scheduled payday.

Failure to comply can lead to penalties, especially in California, where waiting-time penalties under Labor Code §203 can add up quickly.

What Happens to Your Benefits?

When someone is terminated early, their benefits often end sooner than expected.

• Health insurance: Coverage usually ends on the last day worked, or the end of that month. Some may qualify for COBRA continuation, but they would likely have to pay the full premium independently.
• PTO or vacation payout:
  • California: Employers must pay out all accrued, unused vacation or PTO.
  • New York: Payouts depend on company policy, if the handbook says employees forfeit unused PTO upon termination, that’s usually enforceable.
  • Washington: Payouts also depend on written policy or contract terms.
• Retirement contributions: Employees usually keep whatever is vested in their 401(k) or pension, but employer contributions may stop immediately.

Impact on Unemployment Benefits

If your employer ends someone’s job before their resignation date, the employee may be eligible for unemployment benefits.

• If an employee was fired after giving notice, most states consider them involuntarily terminated, so they are eligible for unemployment.
• If someone quits voluntarily, they typically don’t qualify, unless they had “a good cause” (like unsafe conditions or harassment).

What is the Career Impact of Getting Fired?

Getting terminated right after giving notice can feel like a betrayal—and it can create awkwardness when explaining employment history to future employers.

The good news: employees can simply say, “I resigned and my employer chose to end the notice period early.” It’s truthful, professional, and doesn’t raise red flags.

Potential Legal Consequences for Employers

In rare cases, firing someone after notice can expose an employer to legal risk if it violates specific laws or public policy.

For example:

• If an employee was fired days after reporting workplace harassment, it could be workplace retaliation.
• If the termination violated an explicit contract or company promise, there could be a breach of contract claim.

What To Do If You’re Fired After Giving Notice?

1. Get Everything in Writing

If someone is fired after submitting notice, they should document what happened immediately.

• Save the resignation email and the employer’s response.
• Write down the date and time of the termination, who told said it, and what was said.
• Keep copies of the final paycheck, PTO statements, and benefits paperwork.

Documentation will be key evidence later in the case.

2. Clarify Your Termination Status

Ask the employer to confirm, in writing, whether it was a termination or if the resignation was accepted early.

This distinction can affect eligibility for unemployment compensation and how future employers view the situation.

If the company claims an employee “quit,” but they were actually dismissed early, they can appeal any denial of unemployment benefits with a state agency.

3. Check Your Final Pay and PTO Payout

Verify that the final paycheck includes all hours worked, earned bonuses, and any unused vacation pay.

If an employer withholds pay or refuses to issue final wages promptly, a wage claim can be filed.

California’s waiting-time penalties can be particularly significant: up to 30 days of your daily wage rate.

4. File for Unemployment Benefits ASAP

Apply for unemployment right away. Each state has its own online portal and filing deadlines.

If someone was fired before their intended last day, they can explain they gave notice but were released early. Many claimants are approved because the separation is considered involuntary.

5. Consider Whether Legal Counsel Is Necessary

If the firing was retaliatory or discriminatory, it may be time to consult an employment attorney.

An employment attorney can evaluate if:

• The early termination violated state or federal anti-discrimination laws.
• The employer used the resignation to retaliate.
• The employee is owed additional pay, commissions, or benefits.

In states like California, New York, and Washington, wrongful termination or retaliation claims can lead to substantial recoveries, including lost wages, emotional distress, and attorney’s fees.

6. Protect Your Professional Reputation

Even if the experience was negative, it’s best to leave gracefully. Ask a manager or HR if they can be used as references, or request a neutral employment verification letter confirming dates of employment.

If any employee feels they were wrongfully fired, or faced any other type of employment issue, they should call Lawyers for Justice, P.C. for a FREE consultation.