What are my rights if I was fired without warning, no write-ups or documentation of wrong doing?
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What are my rights if I was fired without warning, no write-ups or documentation of wrong doing?
They handed me a letter saying it was because of poor patient interactions and possible poor online reviews. It says if I accept the severance pay I can not pursue legal action. I signed no paperwork, admitted no fault. Does cashing the checks leave me with no legal rights?
Asked on January 20, 2016 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
If you cash the severance you are offered, you would be giving up the right to sue; note that you can, of course, cash regular pay, for all days/hours worked up to your termination, but if it's cashing any amount you did not work for, that was given to you purely in exchange for giving up your right to sue, that would waive your rights.
There is no requirement for a warning, for write-ups, for documentation, etc. unless and only if you had a written employment contract requiring these things. Otherwise, you were an employee at will and could be terminated at any time, for any reason, without prior warning.
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