Can I be let go from a job with no notification?
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Can I be let go from a job with no notification?
I had to return back east for a family emergency. I was told to just let them know when I would return. I did so. A few days later I called to check on my benefits and was told over the phone, by an HR rep, that I had been let go and there was a letter in the mail.
Asked on October 4, 2011 under Employment Labor Law, Colorado
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
As a general matter, unless you either--
1) had an employment contract protecting your job (e.g. limiting the grounds or process for termination; guarantying your job for a certain period; etc.); or
2) were terminated because of your race, sex, religion, disability, age over 40 (i.e. were the victim of employment discrimination)
--you are an employee at will and may be fired at will; that is, you may be fired at any time, for any reason, without notice or warning.
IF you were going to provide medical care (medical care only; not to help with an emotional or financial issue) for an *immediate* family member (e.g. spouse, child, parent; but *not* a sibling, grandparent, aunt/uncle, niece/nephew, cousin) AND both you and your company are covered by the Family and Medical Leave Act (FMLA)--which requires, among other things, that your company employee at least 50 people within a 75-mile radius--you would have the right to take up to 12 weeks of unpaid leave. If all this was the case, you may be able to claim that when you contacted the company to let them know you were leaving, that was notice you were using FMLA. If you can make that claim credibly, they cannot fire you. If you think that your leave may have qualified as FLMA leave, you should speak with an employment attorney.
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