Is it illegal to fire someone and have the replacement for that person start before the termination?

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Is it illegal to fire someone and have the replacement for that person start before the termination?

I was fired without warning on a Tuesday. I found out that the replacement for my position started her training the Monday before I was fired at a different location. When I received my letter of separation it stated that I was let go the Friday before I was actually let go. I was wondering do I have any legal right to fight this?

Asked on December 12, 2011 under Employment Labor Law, Tennessee

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Probably not. That is unless you have an employment contract, union agreement or there is existing company policy to the contrary. Also, no form of actionable discrimination/retaliation must have played a role in your discharge. Otherwise, as an at will employee, you really have no rights in this matter. The fact is that an employer can set the terms and conditions of employment much as it sees fit. This includes, who, when, where and why an employee is dismissed. In other words, an employee can be let go for any reason or no reason, with or without notice.


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