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Old 01.12.2012, 16:14
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Can someone be fired after they give their notice?

Hello EF'ers,
I am asking this for a colleague. She gave her 6 month notice and is worried that because she is not working at the same pace as normal, that her boss may fire her. Is this legal to do here?

I told her I thought that logically when you give a notice, they have to honor it.

Does anyone know for sure, I have no idea about the laws here & I searched here on the forum to no avail.

Many thanks!!
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Old 01.12.2012, 16:18
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Re: Can someone be fired after they give their notice?

She has nothing to worry about in many cases here when someone gives 6 months notice they are often asked to stop coming into the office and to proceed on gardening leave, in other words a holiday and paid.
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Old 01.12.2012, 16:39
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Re: Can someone be fired after they give their notice?

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She has nothing to worry about in many cases here when someone gives 6 months notice they are often asked to stop coming into the office and to proceed on gardening leave, in other words a holiday and paid.
Though possible, a case like this depends on a number of factors... replacement, work load, attitude, etc. Yes, they could be "fired" in the form of sent home with pay for the remaining period of their contract as Wallabies mentioned. But, this could also reflect on how the company words the outgoing letter.

My thoughts are: Your friend should be a little more concerned with this letter of recommendation and how it is written. The time during the resignation time is especially important to how the letter is written. Sure, the letter can be rejected if the employee is not in agreement... which leads to a Arbeitsbestätigung, meaning they will receive a letter stating the dates that they were employed by the company... no comments, nothing. Which, could (not "would") have an affect on future interviews for employment.

If I were this friend, work... as usual before the resignation. If they get relieved of their duties and are sent home with pay for the remaining time of the contract... great!

If sent home with pay, they should not work during this period, unless the old employer is informed AND agrees... in which they may be released from the contract early - without further pay. If they are caught working for another company during the period in which they are still employed and paid by the first company... that could lead to pay back of all monies involved - full wages plus all social payments (IV, AHV, pension, etc).
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Old 01.12.2012, 16:41
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Re: Can someone be fired after they give their notice?

But the answer to your question is "Yes, of course".

If you hand if your notice, and then you don't perform your job that you are paid for, then your employer has every right to fire you.
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Old 07.01.2013, 23:37
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Re: Can someone be fired after they give their notice?

Interesting question.

I wonder what is the situation if the employer expects you to work unpaid overtime during the notice period, you are leaving the country and have no need of a reference letter. You are in effect keeping to your strict contract hours as there is no further incentive, bonus or career wise? What if you are sick during the period and deadlines are missed? Tricky.
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Old 08.01.2013, 07:25
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Re: Can someone be fired after they give their notice?

Presumably, firing for anything other than gross misconduct would still have to respect your friend's notice period? So there is no incentive for a company to fire someone who is already leaving.
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Old 08.01.2013, 08:57
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Re: Can someone be fired after they give their notice?

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Hello EF'ers,
I am asking this for a colleague. She gave her 6 month notice and is worried that because she is not working at the same pace as normal, that her boss may fire her. Is this legal to do here?

I told her I thought that logically when you give a notice, they have to honor it.

Does anyone know for sure, I have no idea about the laws here & I searched here on the forum to no avail.

Many thanks!!
Six months notice period (pretty long) implies a reasonably key or senior position. I suggest she sits down with her boss, suggests/agrees handover tasks and productivity objectives during the notice period.

It would be unprofessional to sit around on her hands for six months and expect to be paid. If this is the situation, she should be trying to negotiate early release from the contract.
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Old 08.01.2013, 09:32
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Re: Can someone be fired after they give their notice?

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Six months notice period (pretty long) implies a reasonably key or senior position. I suggest she sits down with her boss, suggests/agrees handover tasks and productivity objectives during the notice period.
Not necessarily. Where I work, 3 months is the standard notice period for anyone under 45 years old; once you reach 45, the notice period automatically becomes 6 months.

Don't ask me the logic, but that's how it works.
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Old 08.01.2013, 10:31
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Re: Can someone be fired after they give their notice?

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Not necessarily. Where I work, 3 months is the standard notice period for anyone under 45 years old; once you reach 45, the notice period automatically becomes 6 months.

Don't ask me the logic, but that's how it works.
Probably as a "benefit" to the employee: a certain extra job security. I agree though strange policy otherwise.
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Old 08.01.2013, 10:48
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Re: Can someone be fired after they give their notice?

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Hello EF'ers,
I am asking this for a colleague. She gave her 6 month notice and is worried that because she is not working at the same pace as normal, that her boss may fire her. Is this legal to do here? I told her I thought that logically when you give a notice, they have to honor it.
So what is an employer to do when an employee gives 6 months notice and then refuses to work? This would result in an instant dismissal, with no payment. Your friend should work correctly until the last minute, that is expected. If she is ill or pregnant, she needs a doctor's certificate, maybe stating she is only 80% fit for work.

Please also note that if you have resigned you cannot expect any further bonus payments. These are dependant on you continuing to work well, and if you are leaving, that is not continuous!
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