Can an Employee Be Terminated After Submitting Resignation?

Most companies understand that once an employee has submitted a valid resignation letter with the proper notice period, the termination is a formality. However, there are certain circumstances where an employer may attempt to terminate an employee even after they have submitted a resignation. In this article, we will explore the different scenarios and whether an employee can be fired under such circumstances.

Regular Resignation Process

In most cases, if an employee has submitted a formal resignation according to the terms outlined in the labor contract, the employer is expected to honor this resignation. The employee would then be allowed to work until the agreed-upon termination date. However, if the employer has a legitimate reason for immediate termination, such as a significant violation of company policy or other emergency circumstances, they may override the resignation.

Practically, in countries like Switzerland, employers would usually avoid the hassle of immediate termination and instead postpone the last working day. This ensures a smoother transition while maintaining the dignity and legal rights of the employee.

Immediate Termination

There are instances where the employer may terminate an employee even after they have resigned. This can occur if the employer has a clear and justifiable reason to act urgently. These circumstances might include instances of gross misconduct, violation of company policy, or serious issues that require immediate attention.

However, it's important to note that such actions can be risky and may be subject to legal scrutiny. Employers must ensure that the reasons for immediate termination are valid and well-documented. Any violation of the labor laws can result in legal repercussions.

Resignation Without Honoring

Occasionally, an employer may decide not to honor a resignation, especially if the employee is still needed for critical tasks. In such cases, the employer may terminate the employee immediately or retain them for a short period while arrangements are made for a proper handover.

While this practice is not unethical per se, it can lead to potential disputes. Employers should consult with legal experts to ensure they are within their rights and can provide a compelling defense if challenged by the employee.

Being Terminated When Under Investigation

Another scenario where an employee might be terminated after resigning relates to pending disciplinary actions or investigations. If an employee is currently under investigation, they may resign to avoid facing further consequences. However, the company can still proceed with the investigation and, if necessary, mark the employee as 'unhireable' or 'resigned while under investigation.'

Employers may also include additional notes in the employee's personnel record, such as 'resigned prior to removal.' These actions can affect an employee's future employment prospects and may be used in civil or criminal proceedings.

Employment Rights During Resignation

There are limits to an employer's power to terminate an employee after resignation. For instance, if the resignation is in writing and includes the required notice period, the employer is bound by this agreement. Similarly, if an employee gives their resignation with at least a two-week notice, they are protected, and the employer cannot fire them immediately, under most employment laws.

Retaliatory terminations, where an employer fires an employee who has resigned, are generally not permissible under labor laws. Such actions can lead to legal battles and can harm the employer's reputation. Employers should strive to maintain professionalism and fairness during such transitions.

In conclusion, the situation regarding the termination of an employee who has resigned can vary greatly depending on the circumstances and local labor laws. It's crucial for both employees and employers to understand their rights and responsibilities to avoid misunderstandings and potential legal disputes.