Woman Fired Immediately After Giving 2 Weeks’ Notice: Legal but Unethical

A woman who told her workplace she planned to hand in her two weeks’ notice was shocked when her employer immediately terminated her without pay.

Kelsi shared a recording of her recent call with her employer on TikTok after informing her team lead of her intention to leave. She mentioned she would give her official two weeks’ notice when she was ready, which she believed was agreed upon.

However, during the call to give her notice, Kelsi was told she would be leaving that very day. The employer explained that whenever someone on Kelsi’s team resigns, they have to accept it right away due to the “sensitivity” of her work.

Kelsi was dismayed with this decision as she had been counting on working and getting paid for another two weeks. She told her employer she had been under the impression she could complete her two weeks’ notice. “I am pissed because I have three kids, and I have bills to pay for,” Kelsi expressed in her video. “So yes, I’m livid.”

Kelsi’s video resonated with many, garnering 1.6 million views. Comments suggested she hire an employment lawyer and claimed the company’s actions constituted “wrongful termination.” Kelsi did not respond to Business Insider’s request for comment.

Legal experts consulted by Business Insider stated the company’s actions were legally justifiable but questioned the ethicality. Tom Spiggle, an employment law attorney in Washington DC, explained that in “at will” employment states, employees can quit anytime, and companies can terminate them anytime for any legal reason, even if notice is given. He noted employers might want to separate immediately to protect sensitive information, although there was no evidence of this in Kelsi’s case. “The ethical move would be to pay out the two weeks, even if the company wants to separate immediately,” Spiggle said.

Jessica B. Summers, principal employment and labor attorney at Lerch, Early, & Brewer, concurred that no laws were broken. Apart from Montana, all US states follow “at will” employment, allowing employment to end for any reason at any time unless the termination is discriminatory or retaliatory. Summers said, “So when an employee says they are leaving, absent a contract, the employer does have the legal right to end the relationship before the last day proposed by the employee.”

Andrew Zelman, a labor and employment attorney in Berger Singerman’s Fort Lauderdale office, highlighted that if companies expect employees to give notice, they should reciprocate. “From an ethical standpoint, the company’s treatment is unfair and likely disincentivizes other employees from providing the two-week courtesy,” he said.

Summers emphasized that Kelsi’s situation could have been improved with better communication. Her supervisor was wrong to assure her she could work out her two weeks without consulting with HR. Summers advised that employers need to ensure supervisors understand their authority and are trained to consult the right people. “A supervisor providing a wrong answer can be much more damaging than admitting they don’t know or lack authority to answer,” she said.

Kelsi, in her video caption, advised against giving any job a two-week notice due to potential outcomes like hers. Jonathan Hinton Westover, chair and professor of organizational leadership and change at Utah Valley University, criticized Kelsi’s firing as a slimy company move. “This is why I always recommend people not to give two-weeks’ notice anymore, as this is becoming more common,” he stated.

The situation also raises questions about the classification of separation and eligibility for unemployment benefits. Unemployment laws vary, but typically, employees who resign aren’t eligible for unemployment benefits. Kelsi filed for unemployment since she wasn’t paid for the remaining two weeks. In her update, she acknowledged the employer’s legal right but expressed frustration with the situation.

Janice Killion, an employment attorney at JustAnswer, highlighted that while most employers appreciate notice to fill positions, employees should be aware of the risks and familiarize themselves with state laws and company policies. “Learning the employer’s past practice and reading written policies can help inform decision-making and preparation,” Killion said. However, she cautioned that this might not guarantee continued employment during the notice period.

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