Can I be terminated if i have never been written up?

Question

I was employed at my last job for over 6 months. I never had any problems. I was never written up. I was all the sudden fired over a so-called anon. phone call. No notice no write ups. Can they legally do that?

Answer 1

Depends on your employment agreement, and whether you are a public or private sector employee. If it is an "at-will" agreement, in the private sector, you can indeed be fired without cause. You may want to consult a labor attorney, as some facets of the law vary by state.

Answer 2

Most private sector, non-union employees are employees at will. This means that they are not hired for a specific length of time but rather are hired for some indefinite period. Either the employer or employee can terminate the employment relationship at any time without notice for almost any reason or no reason at all. In recent years, however, the ability of an employer to terminate an employee at will has been effected by laws and court decisions giving increased protection to employees. Even if employment appears to be "at will", employment cannot be terminated if the termination is the result of discrimination or a violation of statute.

If you have been fired without a good reason or in violation of federal or state law (e.g., discrimination), this could be a wrongful discharge and you can challenge your firing. However, before you take action, run your complaint by an attorney for advice because it is likely to be time consuming and costly, and the laws regulating firings vary from state-to-state. But if you succeed, employers can be made to pay back wages, fines, and possible punitive damages or you can be returned to your job.

The odds of successfully winning a wrongful discharge claim if you are an "at-will" employee are slim because your boss has the right to fire you for any or no reason at any time so as long as all protections afforded by state and federal law have been followed. Where no wrong has been committed, "at-will" employees have no remedy for employment termination.

Termination in violation of the terms of an implied contract of employment is protected. An implied or expressed contract not to terminate employment except for cause or until certain steps are taken (that is, not "at will") may exist where the terms of a personnel manual or employee handbook limit the reasons for termination or where an employer has promised to follow certain procedures before termination. Promises or assurance of long term employment may also eliminate or limit the employer's right to terminate "at will".

Do not sign any papers from your employer until you have spoken to an employment lawyer. Most lawsuits for wrongful dismissal seek to reimburse the employee for loss of earnings. Many businesses, confronted with a lawsuit, will settle out of court.

Answer 3

It's true, you should review your employment contract and check to see if it is an "at-will" agency. If it is, then they can fire you at their own will. If they cannot fire you at will, your contract should outline the steps management would have to take to fire you. If for some reason you didn't sign an employment contract at your job you may still have grounds for legal recourse if you think you were fired unfairly or illegally, like for reasons of gender, race, age, etc. Your local labor department should have some information on this. Maybe you could be entitled to some kind of severance pay or other benefits outside of unemployment insurance.

Answer 4

Depends on you're former employer's policy-'policy' being a fancy word for 'our way or the highway you're opinion doesn't count'. The papers most hourly-wage employees sign when they're hired usually say something like, "Employee may be terminated ant any time with or without notice" or something like that. B.S. in my opinion, but it happens-happened to me too.

Answer 5

Maybe. Although employment is normally at will, the law has been evolving and often specific cause is now required. Talk to a lawyer, and at least have him write a letter of inquiry.