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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 30366
Experience:  Former judicial law clerk, lawyer
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Can a supervisor turn in a letter, stating that someone is

Customer Question

Can a supervisor turn in a letter, stating that someone is resigning without any authorization from the said employee.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Louisiana
JA: Is the employment agreement "at will," union, full time or part time?
Customer: full time
JA: Anything else you want the lawyer to know before I connect you?
Customer: This has happened to my son, he was contacted by employer and asked if he was resigning, he told them no. They proceeded to do paperwork and state that he had resigned and terminated. How is this legal?
Submitted: 5 months ago.
Category: Employment Law
Expert:  Lucy, Esq. replied 5 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

An employee cannot resign without personally stating that they're doing so. However, because employment is at will, a supervisor can terminate an employee at any time for any reason - or for no reason at all. The end result isn't any different than if the supervisor had asked management to fire the employee. The only difference is that your son's record will show a resignation instead of a termination, which could help if future employers call to ask for a reference.

The only exception would be if someone had a contract that only allowed termination for cause, because then they could sue for unfair termination.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Customer: replied 5 months ago.
The supervisor told them he had another job and was leaving. He was looking for another job but never resigned. This was the only grounds they had.
Expert:  Lucy, Esq. replied 5 months ago.

They don't need grounds for terminating him. Legally, an employer can fire an employee for any reason.

Expert:  Lucy, Esq. replied 5 months ago.

He can complain to management or HR. But there's no legal right to get his job back. A supervisor is allowed to fire an employee who is looking for another job.

Expert:  Lucy, Esq. replied 5 months ago.

Do you have any other questions about this?