Can my job fire me after I tendered my resignation and the date passed?
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Can my job fire me after I tendered my resignation and the date passed?
I work for a school district as principal, recently receiving a promotion to Asst. Superintendent. Then 4 weeks ago, I had a change of heart and want to remain in the principal capacity. I was offered a position at another school district, tendered my resignation, signed, dated, and delivered. The board now wants to publicly fire me at the next board meeting because they are angry? Can they do that? According to my fellow administrators, at the board workshop they negatively spoke of my performance (we recently became a high performing school and my eval was spectacular).
Asked on August 3, 2012 under Employment Labor Law, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you have already resigned, you may not be retroactively fired. The board may state that they are glad you left, that they would have fired you anyway, etc.--but
1) again, once your employment has already terminated, you can't be terminated and
2) if they say any untrue negative facts (not opinions--only facts) about you publically, that may be defamation and you may have a cause of action.
However, and this is critical: if your resignation is not yet effective--for example, say that you have gave notice for August 31--then you *may* be fired prior to that time. Tendering notice, even notice with a definite date, does not make you termination proof--as long as you are employed, you may be terminated. If they intend to fire you, you may wish to resign effective immediately, before the board meeting, to prevent them from firing you, if being fired is an issue for you.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you have already resigned, you may not be retroactively fired. The board may state that they are glad you left, that they would have fired you anyway, etc.--but
1) again, once your employment has already terminated, you can't be terminated and
2) if they say any untrue negative facts (not opinions--only facts) about you publically, that may be defamation and you may have a cause of action.
However, and this is critical: if your resignation is not yet effective--for example, say that you have gave notice for August 31--then you *may* be fired prior to that time. Tendering notice, even notice with a definite date, does not make you termination proof--as long as you are employed, you may be terminated. If they intend to fire you, you may wish to resign effective immediately, before the board meeting, to prevent them from firing you, if being fired is an issue for you.
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