Does an employor have to notify you that you are fired?

UPDATED: Aug 7, 2012

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Does an employor have to notify you that you are fired?

I got fired for damaging company car but I got fired 11 days after the incident and after collecting 2 paychecks. In addition my employer never called me. He told me last Friday that he would call on Sunday to let me know what time I come in Monday (which he normally does). However, he never called me. I called on Monday evening to ask him straight up and after dodging he finally gave me an affirmative. Can you employee fire you by just never calling you?

Asked on August 7, 2012 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If the employer must schedule the employee (e.g. put him/her on for hours, shifts, etc.), then he or she could be constructively fired by not scheduling him or her. But if that's not the case (so the employee is either salaried, or is hourly with set hours), then the employee is not fired until he or she is notified of being fired. Of course, if there is no employment contract, the employee is an employee at will and may be fired at any time, including for incidents that happened in the past.

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 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.

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