They'd usually have to prove they fired you with cause not because you said you quit.
i.e. if you get caught stealing or are sexually harassing your co-workers, they can still fire you. They are not however required to let you work. They can revoke access and continue to pay, they can give you a package and terminate you employment. If you don't want to take the package, they can just walk you out of the building and terminate your employment two weeks later.
I’d guess most people, in the US at least, are employed at-will and could be fired right on the spot with no cause given. The problem with that though is you could turn around and file for unemployment which might end up increasing the associated taxes for them with increased headaches.
I’d agree that most reasonable HR departments wouldn’t let it go that far but some people like to play dirty irrespective of the costs.
If you put in 2 weeks notice and you get fired on the spot its a slam dunk un employment claim. (assuming you can show that yes you gave notice and you weren't fired first) Most places would rather just pay you the 2 weeks if they really dont want you around than deal with unemployment. Lots of corporate environments firing people takes more than 2 weeks anyways, and you would just be creating extra work for HR for what would seem like no reason.
Can you explain what you mean by "slam dunk un employment claim"? Do you mean you'd be able to get unemployment benefits (which come from the state, not your company)? Or do you mean you'd have a claim against the company?
As a former lawyer (US-based), my sense is the first is true, and the second is not. As long as they're not canning you for being in a protected class, they can fire at-will employees whenever they want.
Yes, but you generally can't get unemployment for quitting. You have to get laid off or fired by the company to be eligible for unemployment benefits. It's especially easy to get benefits if you were fired without cause. There's no legal protection in cause/or no cause, but it will be the difference between an easy unemployment claim and a contested one.
Most employers get their unemployment insurance rate set by the number of people that require the service just like any other insurance. When an employee can prove they quit (probably before you started 'performance managing' for a with cause termination), then it makes it much simpler to just let them leave then to do the paperwork, eat the unemployment insurance adjustment, risk a possible 'wrongful termination' lawsuit (regardless of merit or ability to win).
Transferring their work and letting them dick around for a week is going to be considerably less work and risk then terminating them before the date. So as a general rule, when you give advance notice, in writing, there is a very good chance that they'll just let you leave on the day.
Additionally, if you fire everyone immediately when they give notice, then people stop giving notice all together, so you just come in some days and are a person short.
Yeah. Last time I looked, MA was like $1k. Just across the border, NH was more like $400. Not a fortune and doesn’t start until vacation payout is done I believe but not nothing for most. You do need to at least go through some motions of job hunting.
This is partially correct. FUTA is a federal payroll tax that in part funds unemployment insurance and is fixed and a pretty small amount. The other part, SUTA (State Unemployment TAx) is usually only fixed in the first few years of a business' existance, and then is annually adjusted by a bunch of factors including industry, unemployment claims, completeness of employer reporting and penalties for outstanding assessments. In practice, too many claims can land an employer in a situation where SUTA can go up substantially. In my state, SUTA ranges between .2% and 5.4% (of pay), so unemployment claims can be quite expensive if they result in an increase in SUTA.
i.e. if you get caught stealing or are sexually harassing your co-workers, they can still fire you. They are not however required to let you work. They can revoke access and continue to pay, they can give you a package and terminate you employment. If you don't want to take the package, they can just walk you out of the building and terminate your employment two weeks later.