Is it legal for an employer to fire an employee without written consent?
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Is it legal for an employer to fire an employee without written consent?
My son recently was fired for dress code of not wearing a name tag. He
had the required clothes but not the name tag.
Asked on February 24, 2016 under Employment Labor Law, Vermont
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
An employee's consent is not needed for their own firing. That is unless it is for some reason required pursuant to the terms of an union agreement or employment contract. The fact is that in "at will" employment, a company can set the terms of the workplace much as it sees fit. This means that an employee can be terminated for any reason or no reason at all, with or without notice.
That having been said, an employer cannot withold an employee's paycheck. All employees have the legal right to be compensated for all time worked. In VT, an employee who is fired should be given their last paycheck within 72 hours of their discharge. At this point, your son can file a complaint with your state's department of labor and/or sue his employer in small claims court for all salary owed.
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