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

UPDATED: Dec 12, 2011

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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


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

Answered 11 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.

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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