Is It Wrongful Termination If I Was Fired After Giving Notice?

California is an “at-will” employment state. Under this type of employment law, an employer may fire an employee without cause and an employee may quit a job without cause, but does that mean your boss can fire you after you’ve given them your two-week notice? Despite the laws allowing employers to fire a worker at will, in some circumstances, firing an employee after they’ve given notice could be wrongful termination, allowing the fired employee to take legal action. 

When Can a California Employer Fire Someone Who Has Given Notice?

Under California law, an employee does not have to give notice but may quit a job at will. Nonetheless, it’s good employee practice to give a boss two weeks’ notice before leaving a position so the employee leaves in good standing, earns a positive work reference for the future, and so an employer has time to find a replacement. 

In many cases, California’s at-will employment law allows an employer to terminate an employee who has given notice. There are several reasons the employer may wish to do so. They may have an applicant ready to begin employment and don’t want to pay two employees for one position, or they may feel that the working relationship is no longer productive now that the employer has given notice, particularly if the job involves long-term projects or objectives. An employer may fire anyone at will under most circumstances, but there are times when California’s workplace protection laws prohibit this. In the event you’ve been fired after giving notice, contact our wrongful termination attorneys in San Diego to learn if you may have a case.

When Does the Law Prohibit an Employer From Firing an Employee Who Has Given Notice?

There are some circumstances in which California’s employment law protects workers from being fired—including during their two weeks’ notice before quitting. Many employees are under contract in the workplace. Most employment contracts have specific terms for how both parties handle the end of employment when a worker gives notice. If the employer breaks the terms of the contract by firing an employee who has given notice, it’s typically a case of wrongful termination. A fired employee may file a lawsuit for damages against an employer for wrongful termination if the employer breached the contract except in cases of an employee’s egregious behavior, or any employee actions that break their side of the contract.

There may also be grounds for contesting the termination if the employer terminated a member of a protected class for discriminatory reasons. For example, if an employee gave their notice due to a medical condition or because they are pregnant and plan to leave work to raise a child, they could potentially win a lawsuit for wrongful termination if their employer fires them during their two-week notice. Those with a medical condition and pregnant women are both members of a protected class in California’s workplace anti-discrimination laws.

When to Hire an Employment Lawyer In California?

Giving notice at a job is often the result of careful planning and important career or personal goals an employee is ready to meet. It’s concerning to be abruptly fired from your position after you’ve given notice. If you feel that your employer’s actions meet the standard of wrongful termination, it’s best to seek legal counsel through an experienced San Diego employment lawyer.