How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
A new question is answered every 9 seconds

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8060
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
characters left:
Employment Lawyers are Online Now

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

Questions about Termination Without Notice

Most states in the United States operate under the doctrine of “employment at will”, which means the employment relationship may be terminated for any or no reason as long as the employee is not terminated for reasons that could be deemed discriminatory, such as gender, race, national origin, or another protected category . An employee may even be terminated simply because there is “'bad talking”, gossip, or a personality conflict. However, if an employee pursues a lawsuit for improper termination, the employer may owe the employee severance pay. Employers in “at-will” states may benefit from understanding their rights and obligations under the law when choosing to terminate an employee without notice.

Below are some of the top questions on the subject answered by legal experts.

Is it legal to fire an employee without a notice or compensation?

Typically, the termination clause is well defined in the employment contract, which states the terms and conditions of employment. Without a contract, the worker is considered to be an employee “at-will”, which means the employee can be terminated for any or no reason at all as long as it is not discriminatory, as prohibited by law. At-will employers are not obligated by law to give a severance pay if they choose to terminate the employment without notice. Such terms of compensation are typically detailed in written contracts.

I was hired by the union and have been laid off without notice citing workforce reduction. What are my rights?

Unions typically ensure the terms and conditions under which an employee can be fired, along with the notice period, severance pay, and compensation requirements by defining these in the employment or labor agreement. While these terms are not governed by law, the contracts are legally enforceable.

You may contact the union representative to enforce your rights under the union contract. If that does not work, you may contact an attorney to file a law suit for compensation.

As a parolee, despite giving full disclosure when I was hired, the new management has terminated me without notice on false allegations of drug abuse.

As Georgia is an “employment at will” state, the employer may terminate the contract whenever they choose without giving reason as long as it is not an illegal, discriminatory termination. Georgia is also one of the three states that does not recognize any of the major exceptions to at-will employment. These exceptions include:

  1. 1. Implied contract exceptions — in which an implied contract restricts the right of the employer to fire an employee even in the absence of a written instrument.
  2. 2. Public policy exceptions — in which no employee may be fired in violation of the state's public policy doctrine.
  3. 3. Covenant of good faith and fair dealing exceptions — in which employer may not terminate an employee in bad faith or on reasons motivated by malice.

However, you may sue for defamation based on false statements made against you. For a successful defamation, as plaintiff, you would need to show that the statement of fact against you was made to a third party, that the statement was false, and that it harmed you.

I was recently terminated without notice after eight months of employment for taking frequent leave for therapy. Is this legal?

You will be eligible for Family Leave Act (FMLA) — which protects your job when you are incapacitated by a serious illness — only if you have worked for a year or 1250 hours in a company. Since, you have worked only eight months and will not be able to use FMLA, you may check if the employee handbook states that you will be given an opportunity to improve before being terminated. If the employer has failed to follow the stated policy, it may establish a disparity in treatment causing discrimination against you. Your recourse may thus be limited.

The doctrine of “at-will employment” means that an employee can be terminated at any time with or without reason. The employee too is free to strike, quit, or cease to work. The government does not interfere with private companies in their process of hiring and firing employees. It is left to the company to ensure that terminations are not based on illegal discrimination and adheres to the implied contract exceptions. It would serve both employees and employers well to know the intricacies of the law in instances of termination without notice.

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8060
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
characters left:
Employment Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Employment Lawyers are online & ready to help you now

Ron
ASE Certified Technician
Satisfied Customers: 21594
23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
Dr. Y.
Urologist
Satisfied Customers: 18601
I am fellowship trained specializing in general urology and reconstructive urology.
John
Home Appliance Technician
Satisfied Customers: 13453
Appliance repair business owner for over 43 years.

Recent Termination without Notice Questions

  • I own a commission hair salon and one if my employees want

    I own a commission hair salon and one if my employees want to booth rent. I do not offer booth renting so now she plans on leaving my salon and look for a salon that booth rents. She is also requesting her client lust which we build for her. She started 2 years ago with no client and now she has about 75 client that she sees on a regular basis. Am I obligated to give her a list and do I have to keep her employed until she finds a new place? If I fire her for wanting to move on what are my right?
  • I have been reading that the cap damages for federal for discrimination

    I have been reading that the cap damages for federal for discrimination complaints for one person is 300,000. Is this awarded only in federal court? I also heard there is state damages that can also be awarded. Is there a cap on this too?
  • I am a registered nurse doing alot of telephone triage with

    I am a registered nurse doing alot of telephone triage with one or two other nurses. We get hundreds of calls a day, messages taken by operators and forwarded to us via computer. The messages appear in a queue and we answer calls based on medical necessity. The volume of calls is often more than we can handle in 8-9 hrs and calls are left in the queue to be returned the next work day. As I am the last nurse to leave, I am concerned that the calls left unanswered in the queue are ultimately my responsibility. If one of those calls is not communicated accurately or I misinterpret what is written as being less serious than what it truly is and don't call a patient back before leaving and the patient becomes sicker, sustains harm, am I liable? My nurse manager says she has not problem leaving 25 unanswered calls in the queue. However, we have had a couple of calls where the situation seemed, according to the message we received, less serious and potentially life threatening than it turned out to be when we called the patient. So, are unanswered calls to my my office putting me at risk of a malpractice suit?
< Last | Next >
View More Employment Law Questions