QUESTION
Is it possible for a manager to input my two-weeks notice without my consent, following through with the notice, and releasing me from my job?
Asked on Feb 05th, 2016 on Labor and Employment - North Carolina
More details to this question:
On Sunday, January 31, 2016 I spoke with my assistant manager on how to properly turn in my two-weeks notice. He instructed that I type a statement to turn in when I come in to work on my scheduled day, Friday, February 5th. After have a conversation with my store manager on Wednesday night, Feb. 3, she told me that I don't need to put in my notice and that she has removed me from the schedule. I implied that I was fired. By the end of the conversation I was placed back on the schedule and I told her I would send in my notice when the time came. The following day, I reached out for the contact information for my district manager and human resources. It was after that when she went ahead to enter my two-weeks notice without my documentation and released me from my job. The district manager has failed to communicate properly with me. A human resources representative told me that "We're not required to answer/return your phone calls".
1 ANSWER
4 Awards
Yes, it is possible. North Carolina is an employment-at-will state which means you can be fired for any reason and there is no liability for the employer unless there is an unlawful motive for the action taken against you. There are generally only two forms of unlawful motives: unlawful discrimination or unlawful retaliation. Discrimination in employment is unlawful if it is due to race, color, sex, national origin, religion, disability or age 40 or older. Retaliation in employment is unlawful if you engaged in one of a handful of "legally protected" activities and were fired for engaging in that activity. If either of these was the motive for the termination, then you may have a claim for unlawful termination.
In this case, it sounds like the employer simply accpeted your resignation. However, even if you had not quit, it could lawfully fire you (see above). Unfortunately, the District Manager and the HR Rep are not legally required to communicate with you.
Answered on Feb 15th, 2016 at 6:35 AM
I am an experienced attorney focusing on employment law in North Carolina and Tennessee. This post/response is not meant to constitute legal advice.