Can an Employee Be Fired After Resigning? Understanding Notice Period Clauses

Please advise: Can an employee be terminated after resignation?

Termination Clause in the Offer Letter

Please note the termination clause in the offer letter: Employee has to serve a 90-day notice period. The employer can terminate within 15 days.

Hi Umesh,

In the scenario where an employee has submitted their resignation and there is a termination clause in the offer letter, it is important to carefully review the specific language of the clause.

If the offer letter states that the employee must serve a 90-day notice period but also includes a provision allowing the employer to terminate the employee within 15 days, it is possible for the employer to terminate the employee before the completion of the notice period.

However, it is crucial to ensure that the termination is done in accordance with the terms outlined in the offer letter and any applicable labor laws. It is advisable for both parties to seek legal advice to understand their rights and obligations in such a situation.

In conclusion, while it is possible for an employer to terminate an employee after they have submitted their resignation, it is important to carefully review the terms of the offer letter and seek legal advice to ensure that the termination is conducted in a fair and lawful manner.

Thanks

Notice Period in Employment Contracts

The notice required to terminate a contract should be equal from both sides. If the employee has to give 3 months' notice and the employer can do it by giving just 15 days' notice, the contract would become voidable and will not stand legally.

Moreover, in respect of an employee who has no managerial role, like the authority to sanction leave, initiate disciplinary action, or appraise the performance of others, they cannot be compelled to give notice if they want to leave the company. Again, notice is an obligation for the employer to meet if they want to terminate an employee. It cannot be less than one month.