Employment law questions? Ask an employment lawyer.
Hello and welcome to Just Answer. It will be my pleasure to assist you. What precisely is your question for me please?
Thank you. And what is your question for me?
Are you asking whether you can sue for wrongful termination if your employer did not document instances of misconduct in advance of termination?
So the default rule in all states but Montana is that employment is "at will" absent an agreement to the contrary. At will employment can be terminated for any reason not amounting to discrimination on the basis of a legally protected trait (race, religion, gender, etc.) or retaliation for engaging in certain forms of legally protected conduct (filing a wage claim, taking FMLA leave, etc.). It doesn't matter whether the basis for termination is fair, reasonable or even true.
Since your employer doesn't need a fair or even a true reason to terminate you, assuming you're an at will employee, your employer is n ot required to document instances of misconduct or have any sort of paper trail to support their decision to let you go. They can let you go "out of the blue" for totally unfair reasons and that does not give rise to any legal claims.
I hope that you find this information helpful and I am genuinely sorry if it is not what you were hoping to hear. If there is anything else I can do for you, just let me know. It's my pleasure.
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Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications, and the information provided is not legal advice.