Can my employer fire me without warning? Ask HR
Johnny C. Taylor Jr., a human resources expert, is tackling your questions as part of a series for USA TODAY. Taylor is president and CEO of the Society for Human Resource Management, the world's largest HR professional society.
The questions are submitted by readers, and Taylor's answers below have been edited for length and clarity.
Have a question? Do you have an HR or work-related question you’d like me to answer? Submit it here.
Question: Can I be fired due to my performance without warning or documentation? – Sarah
Johnny C. Taylor Jr.: This might be hard to hear, but it depends. If you signed a contract when you accepted the job offer, you should check the specific terms and conditions of your employment.
Many employment contracts state an employee can be fired without “just cause” or notice. This is called “at-will” employment, which is standard in the United States. All U.S. states, except Montana, are “at-will” employment states, meaning employers or employees may terminate the employment relationship at any time – with or without notice and with or without a reason.
While “at-will” employment is most common, there are other types of contracts. Some contracts state an employer must provide a reason for terminating an employee, along with a certain number of days’ notice. If you work in a unionized workplace under a collective bargaining agreement, again, you can check the agreement for policies and procedures regarding involuntary termination of employment.
If you never signed an employment contract, then it is likely that you can be fired due to performance without warning or documentation.
On the other hand, employers may not fire you in retaliation for exercising your rights under the law, such as taking leave under the Family and Medical Leave Act. Employers also may not terminate you if there was an implied agreement that you would work there for a specific amount of time, or could only be terminated for serious job-related infractions. And, of course, no employer may fire you for discrimination based on a protected class, such as race, sex or disability.
If you feel that you’ve been unlawfully terminated, I suggest seeking advice from legal counsel.
Q: I’m a frustrated HR generalist at a nonprofit suffering from nepotism. The CEO’s daughter and a board member's daughter work here, and they get away with a lot. Many staff members have complained and raised concerns. However, nothing has changed. Is this favoritism illegal? What advice do you have? – Anonymous
It sounds like your nonprofit’s business practices are producing a toxic workplace culture. However, such nepotism and favoritism are not necessarily illegal, unless that special treatment results in discrimination and harassment.
For example, if an employee did not receive a promotion because they belong to a protected class, it could be illegal discrimination. Likewise, physical harassment of any employee is illegal.
While nepotism and favoritism often result in low morale and high turnover, there may be little that employees can do if people managers are unwilling to address those issues. Changing your workplace culture for the better requires direct involvement from senior management, in conjunction with the HR department, to root out such special treatment of certain employees.
If complaints have been made, and management isn’t addressing these issues directly, it may be time for a more indirect approach. Consult your HR colleagues and come up with ways to involve your senior leaders. One way could be to review and update the employee handbook, asking senior management for input. Once they’re involved, they may at least acknowledge the underlying problems in your workplace – if not solve them.
If your complaints continue to fall on deaf ears, ask yourself: Is it worth staying? At that point, it might be time for you and your co-workers to decide whether to leave the organization or accept the status quo.
That is a calculation you’ll have to make for yourself, though going to and leaving work frustrated only leads to stress and burnout down the road. You deserve better than that.
