Can an employer fire an employee without telling the employee that they are fired?
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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
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 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.
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