Can you be fired after giving notice??

Published

Good evening everyone! :jester: I am leaving a hospital environment that has been toxic for me. I have had counseling, write-ups, suspension, etc. :devil: :mad: Anyway, I turned in my letter of resignation today. I am obligated to work there a few more weeks (they ask for a 4 week notice prior to leaving). I turned in my letter of resignation, can they still fire me?? I have to work there a few more weeks. I got my last 'final warning' today. So the next step is termination. Again, I turned in a letter of resignation. Can I still be fired??

Also... I asked my boss to give me a letter of recommendation and to check me off as a 'rehire' on my HR paperwork. You might laugh, but overall, I have been a good employee there. She knows it too. It has been "picky" stuff that she and the charge nurses have found fault with. If I was SO BAD, I think I would have been fired long ago. I was back to work humming today as usual. Anyway, she deferred it to HR saying they handle the 'rehire' info. and the letter of recommendation. HR told me SHE handles it. It would seem to me that SHE, my boss, handles that...NOT HR-- how would HR "know" me?? I think she is trying to keep me there to cover the floor, until she can find another warm body, BUT has no intention of checking me off as a rehire...IF that is the case, I am going to go ahead and leave pronto.... your thoughts... THANKS! :redpinkhe :nurse:

Specializes in med/surg/tele/LTC/homecare/correctional/.

I can think of 2 instances when I gave 2 weeks notice and was then told not to show up for work. Employers use a resignation letter to retaliate against the employee. I have heard of this happening to many nurses, CNA's etc. The "not eligible for re-hire" question is so broadly abused by employers that its credence is diminshed. References can make or break your job search. Many places are now requesting references that are not former employers because former employers only give out dates of employment. The "eligible for re-hire" question is either checked off or not, but is not even a credible measure of any performance review or lack therof. Hospitals and SNFs are famous for blackballing former nurses. They are so famous for it that I have had to take certain jobs off of my resume, therefore having experience but not being able to disclose it. This is a major problem across the nursing profession, as every single one of my colleages has had to deal with this at one point or another.

They sure can. Actually they can tell you leave when you hand in your resignation.

This is why I do not believe in giving notice. I live in an at-will state, and my philosophy is, I am not going to let the door hit me on the way out. I look out for number one.

And while that may be selfish, if the tables were turned, the employer wouldn't think twice about putting me out on my behind.

Specializes in med/surg/tele/LTC/homecare/correctional/.

Actually, I became wise and learned this too. I just politely leave now, no letter, no two weeks. Its really a big waste of time. Cut the relationship and step on the gas. So sad, but so true.

Specializes in ICU.

They may be able to fire you after you've resigned and are working out your post resignation time, but they cannot necessarily do so without cause. Even if you are in an at-will state, unless you are also in a state that does not recognize implied contract exceptions (only 13 out of 50 states do not). If they allow you to work in the facility after you've given notice, knowing full well that your employment record with them has not been ideal, then they place themselves in an actionable position - because they are implying that despite your conduct and resignation, they don't find your conduct to be worthy of termination, even though they have record of your work not meeting standard. Scheduling you for shifts, allowing you on the premises for business purposes, and paying you might all be considered enforcement of an implied contract.

Specializes in med/surg/tele/LTC/homecare/correctional/.

Yes they can do so without cause. I handed in a letter of resignation and was called at home the next morning via a message on my voicemail. The message was "We are accepting your resignation effective immediately."

Specializes in ICU.
Yes they can do so without cause. I handed in a letter of resignation and was called at home the next morning via a message on my voicemail. The message was "We are accepting your resignation effective immediately."

In that case, you weren't fired. They simply accepted your resignation - which is what the OP's hospital would do if they were smart.

i think you CAN be fired after giving a two week notice because think of it this way - someone could turn in a two week notice and then two days later tell a patient they're a prick and they hope they die. hmm. do you think they'd be fired? YES! the employee couldn't say, "well, you didn't fire me because i was quitting." no - you were quitting in two weeks - you showed your butt and got fired first.

that being said - i think when you turn in a notice you should ALWAYS get your supervisor to sign it so you have proof that you submitted and they received your notice. THEN, if you get fired - when you go to an interview somewhere else...you will be able to prove that you gave notice before you got fired - and that seems very suspicious and like retaliation when that happens.

btw - i speak from experience. i had told a former manager i was going to be giving my written notice "soon" and didn't want to leave them high and dry, etc., BUT i wasn't ready to submit a "two week notice" just yet - so i thought i was being nice by giving them a heads up to be looking for someone else, etc. i got fired about a week after having that conversation - for no good reason whatsoever. i had never, ever been in "trouble." they just didn't want to wait around for me to quit.

Thread was closed to remove a number of off-topic posts. It is now reopened.

Please, report any posts you find objectionable rather than take on another member.

Thank you.

Specializes in Med-Surg/DOU/Ortho/Onc/Rehab/ER/.
Good evening everyone! :jester: I am leaving a hospital environment that has been toxic for me. I have had counseling, write-ups, suspension, etc. :devil: :mad: Anyway, I turned in my letter of resignation today. I am obligated to work there a few more weeks (they ask for a 4 week notice prior to leaving). I turned in my letter of resignation, can they still fire me?? I have to work there a few more weeks. I got my last 'final warning' today. So the next step is termination. Again, I turned in a letter of resignation. Can I still be fired??

Also... I asked my boss to give me a letter of recommendation and to check me off as a 'rehire' on my HR paperwork. You might laugh, but overall, I have been a good employee there. She knows it too. It has been "picky" stuff that she and the charge nurses have found fault with. If I was SO BAD, I think I would have been fired long ago. I was back to work humming today as usual. Anyway, she deferred it to HR saying they handle the 'rehire' info. and the letter of recommendation. HR told me SHE handles it. It would seem to me that SHE, my boss, handles that...NOT HR-- how would HR "know" me?? I think she is trying to keep me there to cover the floor, until she can find another warm body, BUT has no intention of checking me off as a rehire...IF that is the case, I am going to go ahead and leave pronto.... your thoughts... THANKS! :redpinkhe :nurse:

well I have resigned before being fired.

Basically I was in a student program working as a clerk for dept of homeland security, basically you had to be a student so you got payed well for doing clerical work. So my supervisor and I didnt get along, she had just gotten promoted and she was abusing her power. Well basically I called her out in how she was, but of course they took her side. well the director called me and said basically ill be lucky to keep my job after he and other people talked out my situation. The student program was losing funding and they had to figure out how to get rid of us anyway. So after the meeting I went right to my desk and wrote a 2 sentence resignation email.

I wanted to resign before they fired me. You can't collect unemployment if you were fired.

So from my experience, I don't think they can fire you. You are technically doing them a favor even by just saying til they find a replacement because its normally a 2 week notice not 4.

That's my 2 cents.

Specializes in med/surg/tele/LTC/homecare/correctional/.

Not sure if you are talking about a union situation or not. My situation was in non-union. I was fired within 24 hrs of submitting my resignation. Most states can fire for any reason or no reason. Lucky for me, it was a 2 week vacation before my new job. Not necessarily a bad thing. I think they were afraid I was going to take staff with me when I left.

Specializes in NICU, Post-partum.
Good evening everyone! :jester: I am leaving a hospital environment that has been toxic for me. I have had counseling, write-ups, suspension, etc. :devil: :mad: Anyway, I turned in my letter of resignation today. I am obligated to work there a few more weeks (they ask for a 4 week notice prior to leaving). I turned in my letter of resignation, can they still fire me?? I have to work there a few more weeks. I got my last 'final warning' today. So the next step is termination. Again, I turned in a letter of resignation. Can I still be fired??

Also... I asked my boss to give me a letter of recommendation and to check me off as a 'rehire' on my HR paperwork. You might laugh, but overall, I have been a good employee there. She knows it too. It has been "picky" stuff that she and the charge nurses have found fault with. If I was SO BAD, I think I would have been fired long ago. I was back to work humming today as usual. Anyway, she deferred it to HR saying they handle the 'rehire' info. and the letter of recommendation. HR told me SHE handles it. It would seem to me that SHE, my boss, handles that...NOT HR-- how would HR "know" me?? I think she is trying to keep me there to cover the floor, until she can find another warm body, BUT has no intention of checking me off as a rehire...IF that is the case, I am going to go ahead and leave pronto.... your thoughts... THANKS! :redpinkhe :nurse:

It is very important that you cross your t's and dot your i's after you give notice that you are leaving. Most people that end up on the no-rehire list have mentally checked out before they actually leave...this is a huge problem for managers.

You can get unemployment denied if you are making mistakes that they can prove...just be careful.

Specializes in med/surg/tele/LTC/homecare/correctional/.
It is very important that you cross your t's and dot your i's after you give notice that you are leaving. Most people that end up on the no-rehire list have mentally checked out before they actually leave...this is a huge problem for managers.

You can get unemployment denied if you are making mistakes that they can prove...just be careful.

I'd like to know something. Your profile states you have 1 year experience. Your generalized statement that most people who wind up on the do not re-hire list have mentally checked out before they left, is honestly a little troublesome . I'm not sure where you are getting your facts from. I am trying not to be totally offended by your comment. I think it is off base. Colleageues all over this area joke that every single nurse and CNA in the state must be on the "do not re-hire" list of a famous SNF. The SNF seems to place people on their list, simply because they left, and with no reason at all. I'm really curious to know where you are getting your facts from.

+ Join the Discussion