Termination without warning

Termination without warning

Asking for a friend: recently my friend was let go with no notice or anything. She logged in to here email/accounts today and saw that she had be removed from everything. She called her employer and they mentioned she was terminated and hung up. She is unsure what to do moving forward and never got fired before. Are there standard practices that people do when they get let go she should know about?

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78 Comments

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  1. Curtis Weibel

    Hello: Not sure what state where the employment took place. Colorado is an "at will" state. Here is a link to more details: https://cdle.colorado.gov/wage-and-hour-law/termination/employment-at-will. Hope this information helps.

  2. Kat

    Make sure she gets her final paycheck and any other payouts (sick leave, vacation, pension, bonuses, profit sharing, etc.) she is due from the company. Then she needs to apply for Unemployment. Many states (as mentioned) are at-will employment states, so you can be fired for any reason with little or no notice or reason given. That said, her employer treated her very badly and rudely with this type of termination. If the company has an HR department, she should deal with them rather than her former boss if she has questions about why she was let go and if there is anything else she needs to do (turn in keys, sign forms, health insurance transfers, etc.). Sorry this happened and good luck to your friend finding a better job.

  3. Anonymous

    I would recommend she apply for unemployment.. she should be on the lookout for a letter from her benefits admin alerting her to her cobra options to maintain her benefits (she will need to pay for the).

    Finally if she has personal items left at her desk she should send her employer a certified letter requesting their return and provide her address or make arrangements to pick them up.

    This is so horrible.

  4. Amy

    CA is an at-will state too. But I've never heard of being fired this way here. Tell your friend we're all giving her a virtual hug. Make sure to get back anything she left there. Check bank to make sure final paycheck shows up with any vacation payout included. I would also think they need to provide this in writing, but I am not positive. And check out the https://www.dir.ca.gov/ or equivalent for another state. And as the other poster stated, sign up for unemployment.

  5. Sabrina Cortes

    I'm so sorry this happened to her!! She should file a complaint with the EEOC as soon as possible and write out a detailed document about what happened - even though she doesn't know why she was let go.

    A very similar thing happened to my husband and I don't know how businesses can do this.

  6. Dru Meier

    I agree - if she believes this termination was because of her race, sex, religion, national origin, or any other protected characteristic, she should contact the EEOC. If not, this was just bad behavior on the employer's part. As long as the employer treats other employees equally as bad, it's not illegal discrimination to terminate someone, with or without notice. If she was working under a contract, she should check the terms of the contract to see if there was any violation. Otherwise, she should file for unemployment and count her lucky stars that she is rid of that lousy employer!

  7. Aprill Baughns, CAL|CSM|CCMP|PMP|Prosci| LSSGB|MScOEL

    Was she an fte or contractor?

  8. Anonymous
  9. Agatha Nakalema

    If you are located in UK please contact https://www.acas.org.uk/ and your local citerzen bureau for legal advise.

    Either way you need to receive a formal document or letter stating why you have been suspended or immediately dismissed.

  10. Mariama Moore

    .

  11. Mariama Moore

    File a charge with her states EECO, i wouldn't argue and fight wasting time with the employer she's a “at-will” employee so they can terminated or discharge her whenever without reason it's a form of discrimination main based on her race, and sex because most issues in a employer is causes by other unstable women I would file a lawsuit if she really didn't do anything wrong

  12. Amanda Perez

    Even in at will states, a document needs to be provided for notice.

  13. Michelle

    No it doesn't.

    Not in NYS

  14. Anonymous

    In most states, if you are terminated without cause, the employer is required to give you a document called a service letter. Basically, this document states that you were terminated but not because of something you did. I lost my job without warning a few years back and hard outstanding evaluations every single year leading up to my job loss. What I later found out was that the employer was in the process of being sold and there were going to be a 10% reduction in workforce without any of our knowledge. After I finally got my thoughts together and hired an attorney, the first thing the attorney asked was whether I received a service letter or not. He pointed out that this letter is required by law in my state and in most states if you are terminated not for Cozz. It cost me $5000 and nine months of waiting but I did receive the letter which was helpful when I moved on and applied for other positions. It’s hard for us to give you any other advice because you have not shared a lot of details about this situation but I agree with others that you need to make sure that vacation and final paycheck are all paid out appropriately. To be honest, I don’t think contacting the EEOC will do anything, in fact I have observed that getting the EEOC involved in anyway will often rubberstamp a person and places won’t want to hire you.I had a manager from the EEOC tell me that 90% of the cases they even choose to accept never go to court they simply give you a letter permitting you to take the employer to federal court on your own at your own cost. Right now, the EEOC is focusing on sexual harassment cases… Again, this is from an EEOC supervisor

  15. Brenda Van Loh Hodge

    It you are in a state that has 'at will', nothing can be done. All they have to say 'not a good fit'. Horrible to go through, been there myself. Completely blindsided. You're just meant for something better.

  16. Michelle

    IF*, not It
    Exactly what I said too.

  17. Anonymous

    This happened to me and it was horrible. No warning, no indication, and it was completely legal. I did file for unemployment and the employees lied to workforce development regarding the reason, which was never shared with me. The situation has made me carefully consider potential employers.

  18. Rebecca A Britt

    I hope you fought the unemployment decline! My son was once declined and fought it and won unemployment. They tend to side with the employee.

    Also, we were told specifically in the letter what he'd done wrong, so he was able to explain the situation when he fought it

  19. Anonymous

    Currently facing something similar with my son. He was terminated on day 31 of a new job last November with no notice, for "performance." No other details, just kept saying "performance." He filed for unemployment, collected for 5 weeks before he found another job.

    Fast forward to this month and he got a letter from the workforce agency stating that he has a hearing because the former company is now contesting his eligibility and claiming he was fired for "misconduct." No proof has been provided and nothing was in any of the HR discussions or email they provided at the time of termination. He was never made aware nor counseled about any violation. He signed nothing.

    Still waiting for the results - hearing yet to be scheduled. Be wary - a company that will act in this fashion at the outset, won't hesitate to try and cheat on the backend as well.

    (State is TX - an at-will state.)

  20. Christi Miller

    I definitely recommend fighting. My friend fought and won her case with back pay from unemployment.

  21. Michelle

    Depends on what State you're in.

  22. Rebecca A Britt

    Ugh. Something similar happened to me. I came back from vacation and was just "let go" without any real explanation. They did do the official paperwork for COBRA and all but that was it.

    Also-- if she has a good ACA health plan in her state, DO NOT immediately take COBRA. If you have a life event, you can get the ACA and a tax credit. Getting let go is a life event. If you accept COBRA, which is super expensive, you cannot join the ACA until the next open enrollment.

    I applied for the ACA, got a plan better than what my employer offered for LESS money than either their plan OR COBRA (they had a really expensive plan).

    I would have had to pay $2800/month on Cobra for my family.

    Other than that, move on. It's they are not worth the energy.

  23. JoAnna Black

    Not sure if this is still the case, but people who lost their jobs during the pandemic could get their cobra paid for through federal subsidy

  24. Anonymous

    Happened to me. Subsidy ended last year

  25. JC G.

    no notice, no warning, officially the employee is still part of the company.

    One letter to the employer to remember details, to remind that you still want to work for them and on second hand, you ask one lawyer to accept to stamp the letter and to send from his/her office.

    Into the letter you request you integration immediate into the company. if not, you sue the company and of course, you keep computer, hope you have a backup of all emails sent, business card and prove that you visit / email clients/suppliers or even leads

    and 3rd, you can rank your company on corporank.com so people know (even it is anonymous) that this company has a bad behavior

  26. Melissa Milligan

    In the states you are typically an employee at will and don’t need warning or reason to be fired or to quit.

  27. Michelle

    This person doesn't mention what state she's in, nor how long this individual was at the company.

    But I do know that in New York state, it's a 'fire at will' state and the employer CAN terminate you without having a reason and it's completely legal.

    Also, employees can quit, as well, without notice.

  28. Anonymous

    I had that happen too.
    I had taken my birthday off and the next day was let go suddenly. My state is an at-will state and the person who let me go didn’t really have a reason. The week before, I had been given a really good review. It didn’t make sense, but I hadn’t been there long and I figured that I dodged a bullet. Good luck to you, and I hope that you get a better job .

  29. Melissa Monson

    That is messed up! Sorry your friend experienced that. I definitely think from experience that your friend can get unemployment. It could be considered wrongful termination in the eyes of the law.

  30. Anonymous

    Go file for unemployment immediately.
    Don't wait. Start a new job search. It really depends on what state you work in. Florida is a right to work state, so if you decide to leave, you can any time as well as the employer can terminate without cause. Other states are very different. Check into your state's status on work.

  31. Anonymous

    Fortunately, the “at-will” arrangement works both ways. Tell your friend that she never has to feel any pressure to provide any notice or reason to an employer she wants to leave, either. Let them spin around trying to offboard employees that just walk out. I hope your friend lands somewhere soon, and hoping this situation gave her some questions to ask in her next interviews.

  32. Anonymous

    As others mentioned the state law will dictate. However, what does your handbook say? Was she let go for cause or did they reduce the position. If cause, I would ask for an explanation if not provided. If she thinks it isn't accurate, or if she thinks there was discrimination, or other inappropriate activity by the employer, I'd consider consulting with an attorney to see what they say regarding rights, etc. The handbook is important to dictate any benefits, vacation payouts if applicable, etc. post separation. Make sure she knows what she is or is not entitled to. If for cause, she should still go to the unemployment agency, many companies don't fight it (mine doesn't). If it was a reduction of force (elimination of position) there are also rules. Again, what does the handbook say about any severance, benefits post termination, etc. Finally, I believe that if the position is eliminated that means the company can't "say" that it was a position elimination, let you go, and then refill the position at the same level with the same duties. If they do, I believe they open themselves for a discrimination lawsuit.

  33. Mary Kerdasha

    Lots of great advice here! The state you work in makes a difference, but also they need to put it in writing. This is hard right now, but any company that you worked for that hangs up on you when you simply want to know why you have been removed from email, probably is not worth your time and energy. Look at this as an opportunity to be better appreciated!

  34. Stephanie Lekowski

    She should get an employment attorney ASAP. Her now former place of work will probably try to cheat her out of any unused vacation, sick, and personal time, if she has a 401K, etc. Also, there needs to be agreement on what will be said to future employers for reference checks. If they stonewall her, she has rights, and they cannot "cancel" her with no recourse.

  35. Anonymous

    Unfortunately they could do this. It’s rude but if she is an at will employee, then she can get fired without cause. She should review her employee handbook to confirm the procedures though. Now, she should have an opportunity to get her belongings from the office and she is entitled to any money owed to her on that day, not next week, not tomorrow. So if they owe her unused vacation or a paycheck, they must give that on the same day of the termination.

    I was terminated when I was four months pregnant. Getting fired even when you hate the job is never a good feeling but it ended up being one of the best things that happened to me. Your friend may not see it now but the universe knows what it is doing and she will be alright!

  36. Kate M.

    I agree about demanding immediate payment for hours worked but payout of pto depends on the company’s policies. My current employer doesn’t allow employees to carry and unused time and it doesn’t cash out any, even upon resignation.

  37. Anonymous

    This happened to me also. The state I am in is an “at will” state but I applied for UC Benefits immediately and was able to collect for the 4 weeks in between that job and the new job that followed.

    I was also sent a letter regarding extending health insurance (COBRA). Has she at least received that? I think it’s required when you’re severed by an employer, regardless of what state you live in or the reason for termination.

  38. windy smith

    Depending on the number of employees not all organizations are required to carry COBRA. Mine did not have COBRA. It was a non profit and had less than 10 employees.

  39. Crystal Howell

    Is she in at will state,they can terminate without saying?

    Seek wrongful termination paralegal or lawyer.

    Contact the EEOC

    Look for other work, you are not entitled to state you were terminated, and I dont think they can,check with attorney. Good luck

  40. EMILY KIKUE FRANK

    Most states are now at-will so in most places you can absolutely be let go without warning and for no reason.
    There are a few protections in place in some states (https://www.paycor.com/resource-center/articles/employment-at-will-laws-by-state/) but if you're asking what she can do regarding the employer, probably not much. I'd advise her to apply for unemployment immediately and start looking for something new.

  41. Sharon Rosendahl

    It is a sign this is not a good employer and she is lucky to be movng on. As long as no descrimination took place they can let her go like that in at will state. She should apply for unemployment. Some states will pay when you are fired unless you did something awful (and there is a police report involved).

    Getting you final paycheck is state dependent. I have been in states where you legally have to pay at terminations, pay within 3 days and pay in the next paycheck cycle so be sure to know what your state requires before demanding anything.

    Employer has 30 days to send COBRA notice. I believe that is federal so the same everywhere.

    If she feels there was discrimination there is usually a state agency that oversees that or fed EEOC.

    So sorry this happened to her. Firing people is never easy but the employer should at least tell her why. I have found that this type of thing will happen in small companies where it is easier for an owner to blame the employees than themselves for bad business decisions.

  42. Kim Pfeiffer

    This was a dick move, and whoever was responsible was a wussy for not telling her.
    This person was afraid of the confrontation.

    Her rights to vacation pay, etc. would be outlined in the employee handbook. Her 401(k) is hers no matter what. Federal law says they must offer her COBRA. She has the right to unemployment benefits. Good luck finding an employment attorney--they're few and far between and are only interested if there's something in it for them. She must return their property and they must return hers. She's not entitled to a reason, and they'd probably lie anyway.

    Bright side--now that employers are so afraid of being sued, most won't provide more than dates of employment when called for references. Also, background checks will also only show dates of employment. So, zero chance of a bad review.

  43. Kathy Mason

    In some states she has a right to copies of everything in her employee file...

  44. Julie E

    In addition to all the other great advice, when the dust has settled she should write a review of the company on Glassdoor. I always go to that website and read employee reviews before deciding if I want to work for a company. If I saw that was how they terminated their employees I wouldn’t even bother to apply at that company.

  45. Harriet

    She should be aware that some PRIVATE companies are "allowed" to let someone go without any notice or reason as to why/what.

    These companies will indicate in the hiring packet that they can or will let you go at any time and for reasons that they may not disclose.

    It was rude that the company did not tell her - but there are companies that have such protocols in place and legally cannot be bound as long as they told you in the hiring/ employee packet.

  46. Wanda Shaw

    Depending on what State your friend lived and worked in, there may not be much she can do to get a reason, as most places in this country consider employment to be "at will" - meaning that the employer or employee can terminate a working relationship at anytime without disclosing the cause. I'm just wondering though, did your friend notice any warning signs ahead of the termination? Was she written up for any reason or received any bad reviews? The reason for my question is that it's very unprofessional for any company to let an employee go without cause.

  47. Anonymous

    She needs to contact HR and get more information as to last paycheck, unused leave (if any), and termination paperwork.

  48. Anonymous

    It depends on whether there was a contract, if it was full time, part time, non-exempt, etc. And if there's any evidence of discrimination there may be a case for wrongful termination.

    "Standard" doesn't really exist other than applying for COBRA (which should be an option) and unemployment benefits.

  49. Anonymous

    There is no standard practice except for file for Unemployment Insurance and start looking for her next job on job boards etc. . Most employers and states have "At Will" employment policies where an employer can terminate and individual without prior warnings like write-ups etc. On the other side of the coin in a "AT Will" situation an employee can quit their employment without having to give an reason etc. It is a crappy situation for a employee who gets terminated without warning.

  50. Rosa Goes

    She deserved at least a phone call even if on the day of. You don't mention if her position was in sales (typically happens), type of employment, etc. Contact a recruiter to assist in looking for a new job.

  51. Anonymous

    What company and where, that would be great to know for others not to look job here. Most company even when letting you go same day, will provide documentation by email of your rights and paperwork.

  52. KhadijahHaleemah

    In an "at will" state, there isn't much she can do. You don't have to "give notice" to the company and they don't have to "give notice" to you, either.

  53. Stephanie F, MSHRM

    I live in an at-will state and we still have to document and proceed a reason. You get a later stating it is your last day.

    How do you not even bother to tell someone they are terminated so don’t show up for work?!

  54. KhadijahHaleemah

    I live in an at-will state. You are not required to give a reason. You are not required to HAVE a reason. It could be because the moon was full on the 31 of the month of February.

    "California Labour Code 2922: An employment, having no specified term, may be terminated at the will of either party on notice to the other. Employment for a specified term means an employment for a period greater than one month." As long as it is not an illegal reason. But, then, unless they are STUPID, they won't admit to it. So, you would have to prove that it was for an illegal reason.

    Nothing said about a reason being required. Unless they change the law so a reason IS required.

    Dore v Arnold Worldwide, Inc...

    1. "At any time"

    The Court of Appeal below agreed with Dore that AWI's letter, signed by Dore, was not clear and unambiguous with respect to cause for termination. Notwithstanding the letter's statement that "your employment with Arnold Communications, Inc. is at will," the court reasoned, by going on to define the term "at will" to mean that AWI had the right to terminate Dore's employment "at any time," AWI impliedly relinquished the right to terminate Dore without cause. We disagree.

    Dore v. Arnold Worldwide, Inc., 39 Cal.4th 384, 389 (Cal. 2006)

    We conclude, in sum, that AWI's letter contained no ambiguity, patent or latent, in its termination provisions. Accordingly, we agree with the trial court that no triable issues of fact exist with respect to Dore's causes of action for breach of contract and breach of the implied covenant of good faith and fair dealing.

    Dore v. Arnold Worldwide, Inc., 39 Cal.4th 384, 393 (Cal. 2006)

    As far as not telling her? I don't understand that, other than perhaps someone just forgot. Of course, on the other hand, a now terminated employee may need to come in anyway to pick up any personal property and termination cheque.

  55. Stephanie F, MSHRM

    I may have misworded.
    saying reason. And you don't have to give a specific reason, but typically it is a layoff, discharge, or something entered in the system to terminate someone. However, I'm not speaking on giving a reason. I'm speaking on the fact that you still need to let them know they are terminated.

    If I don't show up for work because I decided to quit, but didn't tell anyone, they will consider it job abandonment after several attempts to contact me and/or emergency contacts.

    If I need to terminate someone, I submit documentation to HR so they are removed from payroll and collect any equipment and access.

    I don't just not tell someone they are terminated and just let them go around thinking they still work there until they come in and find out on their own.

    I also don't live in California.

  56. KhadijahHaleemah

    I live in California. And I cited the California code as an example. The wording might be slightly different in other "at-will" states, however, the essence of it is the same...like saying "I feel good" or "I feel well" when asked "how are you today"? But, they can just say "no reason" or "because we said so", which is essentially the same thing. The really important question is "possibility of rehiring".

  57. Stacey K
    1. Sign up for unemployment
    2. Take a day or two and grieve
    3. Pick yourself up and as objectively as possible, look over what you may or may not have done and see if there is anything that may have caused this
    4. If not, then assume it was a management decision you couldn't have done anything about
    5. Hold your head high and gain your confidence back-it's hard when you've been laid off, it kicks you in the solar plexis and it's easy to get depressed
    6. Go on Youtube and look up "Life After Layoff" and Andrew Lacivita. They will help you understand better ways to write a resume, how to go about getting a new job
    7. Take a deep breath, it will get better.
  58. Stacey K

    Apparently my numbered list didn't format, sorry.

  59. Doris Appelbaum

    Contact a professional labor lawyer -now!!

  60. Anonymous

    I work in an at-will state. When talked with boss about leaving he said mandatory I give two weeks or I wouldn't get paid unused vacation time. That is not anywhere in handbook. In addition I would loose vacation rollover because of pandemic. Again not in handbook.

    Gave two weeks notice, he didn't want anyone trained just wanted documentation which had been in place when I started job and continuously updated. No one at this company wanted to know anything about what I did nor did they want to deal with the business unit I supported.

    It took several months to get item owed to me back but I did it. Good luck to them and to me.

  61. Courtney Madise

    Something is definitely off here. They have to at least explain the grounds for termination.

  62. Stella

    That company has no class! Move on to a company that treats people with some level of appreciation.

  63. Ma Boniog

    Oh yeah! It's definitely wrong with the way she's been terminated..I'll go to labor court if I were in her shoes...companies like that should be taught a lesson..just saying.

  64. Charles Marinier

    I signed a 6 month fixed term contract as an Architect in London.

    I started on 2 March 2022 and was fired on 31 March at 6pm with no notice.

    I spoke to ACAS and they said as I had not worked for a full calendar month I had no recourse at all and could not get a weeks notice pay.

  65. Crystal Howell

    Check with american embassy for recourse lawyer in London. We all have rights.....

  66. Anonymous

    I agree with the person who said contact a labor lawyer to find out what (if any) her options are.

  67. Anonymous

    Thanks for the advice on hiring a lawyer. It worked for me.

  68. Anonymous

    Can you share what worked and what you got done? Knowing this I guess would help others.

  69. Anonymous

    First thing - file for unemployment. That, at least, will get SOME money coming in ASAP. Then, contact the HR department or her Manager and inquire as to WHY she was terminated. Based on that answer move forward with some of these other suggestions.

  70. Karen Gongaware

    Get a lawyer, I agree! She may be owed vacation time or other money.

  71. Michelle

    It's pretty hard to determine that, because the original poster leaves out a lot of information and is very vague.

  72. Anonymous

    Contact a lawyer! They cannot let you go without documentation about your performance…and if they

    didn’t the oweness is on them!

  73. Anonymous

    Not true at all. If she's in an at-will state they can let her go for any reason that's not against the law. No documentation is REQUIRED (most companies DO document, but they don't legally have to!)

  74. Michelle

    That's not true!

    Yes they CAN!

    Especially if she's in an 'at will' state they can let you go for absolutely no reason and no documentation is needed or required.

  75. EMILY KIKUE FRANK

    There's no onus on the employer to do anything if you are in an at-will employment state, and the majority of states are at-will. Here's an article from Indeed to supplement what I posted earlier: https://www.indeed.com/hire/c/info/at-will-employment-what-is-this-exactly

  76. Doris Appelbaum

    Hire a professional labor lawyer for information.

  77. Valentina Huang, MBA, SHRM-CP

    You can definitely be terminated without warning. However, she should also be aware that she was terminated. The fact that she didn't know until she called is a little suspicious. Before contacting any lawyer (that may charge $$), I would recommend reaching out to the employer via email so that its documented; asking for date of release and reason. They may not respond or specify a reason, but at least she's done her part - documentation is the first step. If she does feel she was let go wrongfully; then reach out to resources.

  78. Anonymous

    I have always wondered. Let's say I got a labor lawyer and by some miracle won the case. Next employer does a background check can they find out I hired a lawyer and won?

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