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When “I Didn’t Get to Say Goodbye” Becomes a Lawsuit Theory
Sometimes courts resolve complex employment issues. And sometimes they are asked whether an employee suffered legal harm because she didn’t get to say goodbye to coworkers.
Buckle up.
TL;DR: A federal appellate court just affirmed summary judgment against an employee who quit, gave two weeks’ notice, was paid for the full notice period, and then argued on appeal that her actionable harm was being unable to finish out the remaining eleven days so she could say goodbye to coworkers and residents. The court rejected that last-minute theory because she never raised it in the district court.
The Alleged “Runaway Harm”: No Chance to Say Goodbye
An employee complained about a coworker’s sexual harassment. She later quit, giving two weeks’ notice.
Three days later, the employer told her she could leave immediately and would be paid for the whole notice period. Most employees would gladly accept that outcome. She called a lawyer.
In the district court, she claimed constructive discharge. When that argument failed, she abandoned it on appeal. According to the appellate opinion, she reframed her harm as this:
The employer should have let her work the remaining eleven days so she could say goodbye.
That was the harm.
Not wages. Not discipline. Not benefits.
A missed farewell tour.
Because she didn’t present this theory below, the appellate court refused to consider it.
Takeaways from this?
Believe it or not, yes. And here are the three that actually matter for employers:
At-will employees don’t have a right to work the full notice period, and employers don’t have to host a farewell tour
If an at-will employee resigns, you may end their employment immediately. Paying out the notice period is often a courtesy, and there is no legal requirement to let the employee stay on to say goodbye or complete their own “farewell tour.”
Lock down access and collect company property
When an employee’s last day moves up, make sure email, systems, building access, and remote connections are disabled promptly. Don’t forget to collect badges, keys, laptops, and other company equipment to protect data and security.
Don’t forget your state’s final-paycheck rules
If you accelerate an employee’s last day, their “final day of work” may legally shift, which can trigger earlier deadlines for issuing the final paycheck, unused PTO payouts, or wage statements under state law.
The Bottom Line
If an employee is stretching a farewell into a federal case, you’re probably safe. Still, a well-managed offboarding process is the best protection against claims that actually stick.
The Employer Handbook Blog



