Can an employer terminate a new hire employee after 4 days of starting a new job?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can an employer terminate a new hire employee after 4 days of starting a new job?

Also, how many days of training is required before saying a person is not fit for a job?

Asked on July 9, 2015 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

1) Unless you had a written employment contract, you were an employee at will, and an employee at will, as the term implies, may be terminated at any time, even within 4 days of starting. (If you had a written employment contract, you could only be terminated in accordance with the contract's terms.)

2) The law deos not require any amount of training before saying that someone is unfit for a job, or any chance for the employee to prove him/herself; the employer can tell him/her as he/she is walking in the door for the first time that "we changed our mind; you're not fit for the job and are terminated." That is part of being an employee at will; you may be fired not just at any time, but for any reason.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption