Can an employer fire an employee without telling the employee that they are fired?

UPDATED: Feb 8, 2012

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Can an employer fire an employee without telling the employee that they are fired?

I was fired and I found out only through not being able to access my schedule online and through not receiving an employee discount on one of my bills. I was never notified that they had fired me. Leading up to this, I was discriminated against because I got in an accident and was unable to work two 8 hour shifts in a weekend. I talked to my manager and she said she could not work with me on my schedule and that I had to go on-call instead. When I went on-call there were no shifts to pick up and a few months later, I could not view my schedule to try to pick up shifts at all.

Asked on February 8, 2012 under Employment Labor Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

An employee's termination is effective only when he or she is told that he or she is terminated. Until that time, he or she should be paid for all work he or she did--though if the employee did not have hours scheduled, that  could be a moot point.

Only certain forms of discrimination are illegal, such as discriminating on the basis of race, sex, religion, age over 40, or disability. If you feel that negative action was taken against you on the basis of one of those characteristics, you may have a cause of action. On the the other hand, if the employer took action against you for almost any other reason--including that she does not like you, or that you could not work the requested shifts--you most likely would not have a claim or cause of action.

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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