Q: User I have a probationary period of 6month and dismissal without notice doing this period. However, I have been told I

I will be sacked by 4pm. I then send my resignation by 4:30pm same today. But the sacked letter came at 6:50pm. Does my resignation stands, since I don’t have to give a notice period to also resign. Context with Nigeria

1 Lawyer Answer
James L. Arrasmith
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  • Civil Rights Lawyer
  • Sacramento, CA

A: In your situation, where you're employed under a probationary period in Louisiana, and you submitted your resignation after being informed of your impending dismissal but before receiving the official termination letter, the timing of these actions is crucial.

Generally, if you resign before your employer officially terminates you, your resignation should stand. The fact that you were told you would be sacked does not constitute formal termination until it's officially communicated, typically in writing.

Since you mentioned that you sent your resignation at 4:30 PM and the termination letter arrived later at 6:50 PM, it appears that your resignation preceded the official termination. This timing suggests that your resignation should take effect.

However, the specific terms of your employment contract and the policies of your employer can impact this situation. It's important to review any employment agreements or handbooks to understand the procedures for resignation and termination.

Given the complexity of employment law, especially in cases involving probationary periods and immediate terminations, consulting with a lawyer or a legal expert in employment law can provide clarity and ensure that your rights are protected.

Remember, each case can vary based on the specifics of the employment agreement and the actions taken by both the employee and employer. Legal advice tailored to your situation is invaluable in understanding your position and rights.

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