Can You Be Fired Without a Warning or Notice?
Can you be fired from a job without a warning or advance notification? Or does your employer have to give you notice before terminating employment?
In general, companies have the right to terminate an employee, and there are circumstances in which an employee can be terminated without notice. However, in some cases, employers are legally required to provide advance notice.
Review information on the legalities of firing an employee without warning, how to learn about your rights, and what to do if it happens to you.
Can You Be Fired Without a Warning or Notice?
When can an employer fire you without a warning or notice? One of the factors is the “at-will” employment relationship that exists in most states. If you’re employed at will, an employer doesn’t need to give you notice.
Another factor is federal and state laws that govern termination of employment. If you’re covered by an employment contract or collective bargaining agreement, your employer may be required to give you a warning or termination notice.
Employment at Will
Employment at will means that if there isn’t an employment contract or collective bargaining agreement stating otherwise, an employer or employee can terminate the employment relationship at any time for any reason (with a few exceptions).
If an employee is covered by employment at will, an employer can technically terminate an employee without warning. However, the reason for the firing can’t be illegal (such as discrimination or retaliation).
Note: On the flip side, employment at will also means that an employee can quit without notice or warning.
WARN Act Requirements
There are some situations in which employers must provide notice of termination. For example, the federal WARN Act requires covered employers with 100 or more employees to provide at least 60 days’ notice before a plant closing or mass layoff. Similarly, some states and cities have laws requiring notice of termination if certain conditions are met, such as the length of employment or the size of the workforce.
But just because an employer isn’t required to give notice doesn’t mean they shouldn’t. Employers who terminate employees without warning risk losing the trust of their remaining employees and may be subject to legal action.
Unlawful Reasons for Firing an Employee
If you’re covered by an employment contract or a collective bargaining agreement, your employer must adhere to the contract’s terms.
There are other circumstances when employers cannot fire employees. Those reasons vary from state to state. For example, in New York State, prohibited reasons for firing an employee include:
- Discrimination based on race, religion, sex, national origin, age, sexual orientation, marital status, military status, or disability
- Complaints about a labor law violation
- Whistleblowing, in some circumstances
- Taking part in lawful political or recreational activities
- Claiming workers’ compensation or disability benefits
- Joining or supporting a union
- Filing a claim under an employee benefit plan
- Taking leave under the federal Family and Medical Leave Act (FMLA)
- Serving on a jury
What To Do if You’ve Been Fired Without Warning
If you have been fired without warning, there are some steps you can take:
- Try to get a clear understanding of why you were terminated. It may not have come as a complete surprise if there’s a valid reason, such as poor performance or a conflict with coworkers.
- Consider asking for clarification. Remember that this conversation should be professional and non-confrontational, as you never know when you may need a reference from this employer.
- Ask about benefits for terminated employees, such as how long you will have insurance coverage and pay for unused leave time.
- Check on eligibility for unemployment benefits.
Tip: Here’s a step-by-step guide for what to do when you’re fired without notice.
If you believe that you were fired unlawfully—for example, because of your race or gender—you can file a complaint with the U.S. Department of Labor and your state labor department. You also may want to consult with an employment law attorney. They can help you determine whether legal action is appropriate and what your options are.
Collecting Unemployment When You’re Fired
In most cases, an employee who is terminated through no fault of their own is eligible for unemployment benefits as long as they meet the eligibility requirements in their state. However, if an employer can prove that the employee was fired for cause (such as breaking a company policy), the employee may be denied benefits.
Check with the state department of labor for eligibility guidelines in your location.
Frequently Asked Questions
Q: Can my employer terminate me without any notice or warning?
A: Generally speaking, employers can terminate you without notice or warning unless you are covered by an employment agreement, or the termination violates the law. In some cases, this may be illegal under state or federal labor laws. Reviewing your employment contract, checking relevant labor laws, and contacting an attorney if you believe you have been wrongly terminated without proper notice is important.
Q: What should I do if I am terminated without warning?
A: First, take some time to process the news and fully understand what has happened. Once you have done that, review your contract and any other documents related to the termination. Next, review your legal options. If you were wrongfully terminated, the department of labor or an attorney may be able to assist. For example, in New York, you can file a complaint with the labor department if you were unlawfully terminated.
Lastly, make sure you take steps to protect yourself financially, such as filing for unemployment benefits or seeking other sources of income.
Q: What if I am terminated without cause?
A: If you have been terminated without cause, you may have a claim for wrongful termination or breach of contract. It is important to speak with your state labor department or an attorney familiar with labor laws in your state to understand your rights.
The information in this article is not legal advice nor a substitute for such advice. State and federal laws change frequently, and the information in this article may not reflect your own state’s laws or the most recent changes to the law.