Can You Be Fired If Your Boss Finds Out You're Leaving, Or If You Give Notice?

So you told your boss you might be quitting. Or you gave notice that you're leaving in three months. Can your boss fire you or shorten your notice period? The answer is probably yes.

I assume you don't have a contract saying you can only be fired for cause. Assuming you don't, you're an at-will employee who can be fired for any reason or no reason at all. They can't fire you for an illegal reason, like discrimination, but can fire you for any other reason.

If your boss knows you won't be around much longer, then she can protect herself by looking for a replacement. Once your boss finds out you're leaving or even thinking about leaving, you're probably on your way out. From your boss's perspective, it isn't really fair to your boss to leave her in limbo about your plans. That means she is within her rights to hire someone to replace you and send you on your way.

I suggest you keep your plans to yourself until you are 100% sure. If you dither with the dates, yet telling her you'll be gone eventually, you have alerted her that she'd soon have a vacancy. The better plan is to wait until you've booked the moving vans and sold the house, then give a few weeks of notice.

However, even if you give notice, your boss doesn't have to honor it. You can be fired for giving notice, which is pretty stupid on the boss's part if you ask me. Who would ever give notice if they do this to employees?

To sum it up:

• Your boss doesn't have to wait until you give notice. Once they know you're leaving, replacing you is fair game.
• Your boss doesn't have to let you take back your notice. If you said you were leaving two months ago, then changed your mind, you are probably gone.
• You don't have to call it "notice" or anything specific for it to be official. If you say you're leaving soon, you just quit.
• Your boss can shorten your notice. If you say you're leaving in October, they can say goodbye to you in August. They don't have to let you work out your notice period. You're terminable at-will unless you have a contract saying otherwise. 

My one caveat is if you know of other employees of a different race, age, sex, national origin, or other protected category who were treated differently, then you might have a discrimination case. However, your damages would be limited to your notice period, so that may not be worthwhile pursuing.

Be careful what personal information you share at work. If your employer finds out you're planning on leaving, you may be out the door sooner than you think.

States With Pro-Employee Laws: Advance Notice Of Noncompete Agreement

In most states, like my home state of Florida, employers can present employees with a noncompete agreement and demand it be signed on the spot. In states like Florida where continued employment is allowed as valid consideration for a noncompete agreement, there can be an obnoxious situation where an employee quits a job, and then, only after starting work, is handed an agreement and told to sign or be fired. The agreement might say they can't work in their industry for a year or two after they leave. At that point, the employee has little choice. They sign and are then fired a few months later and the burden is on the  taxpayers to pay out unemployment benefits and other government assistance because the employee can't get a job or even apply for one in their industry.

Fair? No. Legal? Yes, in most states.

There are some states that protect employees by requiring advance notice of a noncompete agreement. You'd think voters would rise up and demand such protection, but after this week's election results I guess I shouldn't be too surprised.

Here are some state laws that give protection to their citizens by requiring reasonable advance notice of a noncompete agreement:

Oregon: Oregon's statute § 653.295 says:

(1)A noncompetition agreement entered into between an employer and employee is voidable and may not be enforced by a court of this state unless:
(a)(A) The employer informs the employee in a written employment offer received by the employee at least two weeks before the first day of the employees employment that a noncompetition agreement is required as a condition of employment; or
(B)The noncompetition agreement is entered into upon a subsequent bona fide advancement of the employee by the employer.

 New Hampshire: New Hampshire's statute RSA 275:70 used to say: 

Prior to or concurrent with making an offer of change in job classification or an offer of employment, every employer shall provide a copy of any non-compete or non-piracy agreement that is part of the employment agreement to the employee or potential employee. Any contract that is not in compliance with this section shall be void and unenforceable.

          However, this year New Hampshire's legislature modified the law to say:

Any employer who requires an employee who has not previously been employed by the employer to execute a noncompete agreement as a condition of employment shall provide a copy of such agreement to the potential employee prior to the employee's acceptance of an offer of employment. A noncompete agreement that has not been disclosed to an employee as required by this section shall not be enforceable against the employee, but all other provisions of any employment, confidentiality, nondisclosure, trade secret, intellectual property assignment, or any other type of employment agreement or provision shall remain in full force and effect.

Connecticut's legislature passed a law that would require advance written notice that a noncompete would be required, but it was vetoed. Massachusetts tried to pass a law limiting noncompetes that would include an advance notice provision, but that effort failed. With a new governor of that state coming in soon, it's doubtful any limits will be passed anytime soon.

What's so unreasonable about giving advance notice that an employee is going to have to sign a noncompete agreement if they accept a job? Why don't other states pass laws preventing the "gotcha" that many employees face if they want to keep their jobs? Well, nothing will happen unless you stand up and fight for your rights. Unless voters demand change, most states will continue to allow this kind of employee abuse.