Fired Without Notice

Answer:

There are times when I talk to an employee, who, out of the blue, was terminated. There was no notice. They were just asked to come into a room and, at that point, they were being told they were being terminated. Under California law, employees are considered what’s called at-will, that you can be terminated for any reason, as long as it’s not an unlawful reason, and there’s no notice requirement. While, typically, you as the employee could quit today and not show up tomorrow, an employer can do the same thing to you. They could terminate you today with the expectation that they never see you again. With regards to the amount of notice that they’re required to give, there is actually no notice requirement under California law. It’s important to note that if they do terminate you, you’re entitled to all your wages up until that point. If they terminate you, they should have a check ready to go with all your wages, including that day’s wage. If they don’t do that, you might be entitled to what’s called Labor Code §203 penalties, which is a waiting time penalty. Also, it should be important to note that if you got terminated out of the blue, you stop and think as to why you were terminated. If recently you had told them that you were going to go out on medical leave or you had complained about conduct that you believe was unlawful or unsafe, and you feel there was a reason for your termination that very well could violate California law, you should talk to an attorney. Don’t be nervous if you feel like it’s going to be your word against their word. If you believe that you were terminated out of the blue, or that you were terminated with notice, and you believe it was for an unlawful reason, and you feel like it was just your word against their word, don’t let that be an impediment for you to talk to an attorney. If I can answer any questions related to your recent termination, please feel free to give the firm a call.