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Terminate immediately vs. terminate without notice

Immediate termination is not necessarily the same as termination without notice.

Vera and the immediate termination

Vera Aloe:

During an argument with my boss, I said that I would resign immediately. I was then asked to leave the store. But I didn’t want to resign without notice. Does my boss still have to pay me my salary?

Answer:

Hello Vera

If you have only said that you would resign immediately, this is not necessarily a termination without notice. You could also have meant immediate ordinary termination.

However, your wording was of course somewhat clumsy and leaves room for interpretation. Therefore, immediately write a registered letter to your boss in which you make it clear that you have given proper notice and will continue to offer your services. Do the same immediately by telephone. You can then continue to claim your salary until the end of the notice period – regardless of whether you still have to work or are released from work.

Picture of Matthias Fricker

Matthias Fricker

Attorney at law and partner at Fricker and Füllemann Attorneys at Law
Studied at the University of St. Gallen, graduating with a Master in Law (M.A. HSG in Law) in 2012, registered in the Bar Register of the Canton of Zurich, member of the Zurich Bar Association.

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Picture of Fabian Füllemann

Fabian Füllemann

Attorney at law and partner at Fricker and Füllemann Attorneys at Law
Studied at the Universities of St. Gallen and Zurich, graduating with a Master of Law UZH in 2013, registered with the Zurich Bar Registry, member of the Zurich Bar Association.

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