Can They Fire After Giving 2 Week Notice?

[jkeller]

What is the name of your state? OREGON: Can I be fired or forced to leave early after I have given my 2 week notice?What is the name of your state?

 

[mlane58]

What is the name of your state? OREGON: Can I be fired or forced to leave early after I have given my 2 week notice?What is the name of your state?

You are not fired, your employer is accepting your resignation early and there is no law in Oregon that precludes them from doing so.

 

[OregonLawyer]

Oregon is an at will employment state. That means that you can quit, or your employer can fire you, for any reason, or for no reason at all (so long as it is not an illegal reason such as discrimination or retaliation). If they terminated your employment before you were ready to leave, I would call that a firing.

 

[BelizeBreeze]

Oregon is an at will employment state. That means that you can quit, or your employer can fire you, for any reason, or for no reason at all (so long as it is not an illegal reason such as discrimination or retaliation). If they terminated your employment before you were ready to leave, I would call that a firing.

How long have you been an attorney, if you are one?

 

[BelizeBreeze]

FURTHERMORE: Unless your company has a stated policy of require resignation, the law requires no pay for any unworked time from the moment your resignation is accepted.

The Oregon courts have already addressed this issue on the side of the employer.

 

[cbg]

The employer did not instigate the separation of employment; the employee did.

But whether you want to call it a firing or not, it is nonetheless legal. No law says that, having given their notice, the employee is guaranteed work for the entire notice period.

 

[mlane58]

Oregon is an at will employment state. That means that you can quit, or your employer can fire you, for any reason, or for no reason at all (so long as it is not an illegal reason such as discrimination or retaliation). If they terminated your employment before you were ready to leave, I would call that a firing.

Not hardley, you might call that firing, but the courts don't as BB stated, they accepted the resignation early. GEEZ!!!! go back to school preferably one in the U.S.

 

[Gadfly]

If they terminated your employment before you were ready to leave, I would call that a firing.

proof once again that not everyone graduates at the top of the class.

 

[OregonLawyer]

Wow, a lot of pent-up aggression on these boards. I've been an attorney in this area for 6 years, to answer your question.

What court has ruled on this issue? And ifor what purpose? I could easily see that the answer to the question of whether he was fired would be different for different purposes. For example, if he gave two weeks notice that he was quitting, but they fired him the next day, it is treated as a termination for ORS 652.150 late-pay purposes. That means his wages are due the day of his firing, not 48 hours after he notified them he was quitting. The unemployment division might not view the situation as a firing, however. If there was a year-long contract of employment, and he gave notice in week 50 that he would not be extending his employment past the year, and he was fired, it would definitely be a termination in breach of the employment contract. Like most legal issues, this is not a question with a black-or-white answer.

 

[BelizeBreeze]

Here comes the spin.

As I would assume you can read, there is no mention of an employment contract or any other 'facts' other than the question at hand. and that answer is yes, the employer (based on the facts provided) can release the employee at any time, resignation or not.

Your genuflecting through possible scenarios is a feeble attempt to protect your 'position' when there is not sufficient evidence that the present situation fits.

Quit playing lawyer. It doesn't fit.

 

[mlane58]

Wow, a lot of pent-up aggression on these boards. I've been an attorney in this area for 6 years, to answer your question.

What court has ruled on this issue? And ifor what purpose? I could easily see that the answer to the question of whether he was fired would be different for different purposes. For example, if he gave two weeks notice that he was quitting, but they fired him the next day, it is treated as a termination for ORS 652.150 late-pay purposes. That means his wages are due the day of his firing, not 48 hours after he notified them he was quitting. The unemployment division might not view the situation as a firing, however. If there was a year-long contract of employment, and he gave notice in week 50 that he would not be extending his employment past the year, and he was fired, it would definitely be a termination in breach of the employment contract. Like most legal issues, this is not a question with a black-or-white answer.

The OP NEVER mentioned not getting paid on time within the statute. AGAIN, plain and simple, the employer accdepted the resignation early. The OP was terminated - yes in a nutshell it was still a voluntary termination as they had already gave notice. Full moons always bring out the dim witted. Oh and it is ORS 652.140 not 150 as it speaks to penalties--learn to read

 

[CheeseBlotto]

Quit playing lawyer. It doesn't fit.

Pot. Kettle. Black.

 

[BelizeBreeze]

Pot. Kettle. Black.

Tell it to Georgetown.

 

[justalayman]

Tell it to Georgetown.

Well technically speaking,,,,,,,,,,,,,,,,,

a professional person authorized to practice law; conducts lawsuits or gives legal advice
wordnet.princeton.edu/perl/webwn

The problem cheeseblotto is that BB is most often correct in his advice while Oregonlawyer, if nothing else, did mis-cite the Oregon laws. If he is an actual Oregon attorney, this simple mistake should not have happened. If he is truly an attorney, he should take this as notice that his education is not over, nor should any attorney's ever be.

While BB may not be a licensed attorney (by choice), he does claim (and I believe rightfully so) to be a law school graduate. His responses are generally spot on. Regardless of his presentation, he offers good and correct advice.

 

[Job_Hunting]

Ditto about BB. He is rather direct and some might not like him, but if I ever have an important legal question I would hope that he would be one of them that would respond--