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In Tennessee - I turned in my two week notice today. One…

Customer Question
In Tennessee - I...

In Tennessee - I turned in my two week notice today. One hour later my boss told me I was TERMINATED. He DECLINED my offer to work a two week notice BUT instead of telling me that he ACCEPTED my resignation he told me I was TERMINATED. Does it matter if he used the term TERMINATED vs ACCEPTING my resignation?

Lawyer's Assistant: Have you discussed the termination with a manager or HR? Or with a lawyer?

Not yet. The corporate office is in Buffalo NY. I thought about calling them tomorrow but want to get some good advice before I discuss this with the further.

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

No union. Tn is an at will state.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have been offered employment in another state BUt the main reason for my resignation is to move my wife closer to her home. Now I am going to have an extra two weeks with no income as a result of this.

Submitted: 3 months ago.Category: Employment Law
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Answered in 5 minutes by:
3/19/2018
Employment Lawyer: RobertJDFL, Lawyer replied 3 months ago
RobertJDFL
RobertJDFL, Lawyer
Category: Employment Law
Satisfied Customers: 15,061
Experience: Experienced in multiple areas of the law.
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Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

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Customer reply replied 3 months ago
Thank you.
Employment Lawyer: RobertJDFL, Lawyer replied 3 months ago

Good evening,

I'm sorry to hear about what happened with your employer. My biggest concern is what your now former employer would tell future employment prospects if they wanted a reference. This may be a moot point since you already have a job offer --but you obviously don't want them saying you were terminated when they could have simply accepted your resignation effective immediately. Terminated makes it sound like you did something wrong to get yourself fired instead of trying to do the right thing in giving notice.

The second difference here is that if you resign a job, you generally cannot get unemployment, whereas if you are terminated you often can, unless it is determined that you are fired for something like misconduct (e.g., insubordination, excessive absences). Again, with you starting a new job soon, it hardly is worth applying, especially since the first week is a "waiting week" and unpaid. By the time the claim is processed, you'll be working.

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Employment Lawyer: RobertJDFL, Lawyer replied 3 months ago

Unfortunately, because you are an at will employee, your employer doesn't have to accept the resignation and is within their right to let you go immediately. It's completely unprofessional, but not unlawful.

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