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Can you fire an employee the same day they give you their 2 week letter of resignation?

Letter of resignation laws are a bit confusing. Can I ask an employee to leave 5 minutes after they give me their resignation?

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Hi Jennifer,

According to the law if the employee has given resignation you can't fire him immediately. If you don't want that employee to work in your company from next day, You can simply give him 1-month salary by deducting leaves and his advance amount (if applicable) and you can give him a releasing letter.

As per knowledge, there is no option of firing him without paying. Ultimately you have to him.


Hi Jennifer

If they have given you their resignation, they have resigned and therefore cannot be fired.

If you do not have a good relationship with them or you do not trust them and want them out of your business immediately, you can send them on garden leave.

You will find more info at the following link: https://en.wikipedia.org/wiki/Garden_leave

Hope this helps!


So am I able to let them go before the two weeks without pay?

Anonymous User

You cannot let them go without pay. Garden Leave means you ask them to leave the business but you have to pay them during that period. This is usually done to protect the business from negative effect of an unhappy employee who is leaving creating a negativity with other staff but also to protect company's data or commercially sensitive information.


Here's another question to ask - do you want to instill fear in employees desire to be professional, courteous and empathetic in offering 2 weeks notice before resigning?

While you trust some employees and others you don't, if a team sees people being fired upon giving a resignation notice, you might lose the 2 weeks notice from many other employees when they move on.

Anonymous User

Make sure you get their resignation in writing and on file, if you do want to let them go it will have to be paid but also make sure you get that put in writing also and they understand that you will pay them for the two weeks, include the end date the payment for their salary would end and keep this with the resignation.

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