Is it legal for an employer to fire an employee without written consent?

UPDATED: Feb 24, 2016

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Is it legal for an employer to fire an employee without written consent?

My son recently was fired for dress code of not wearing a name tag. He

had the required clothes but not the name tag.

Asked on February 24, 2016 under Employment Labor Law, Vermont


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

Answered 7 years ago | Contributor

An employee's consent is not needed for their own firing. That is unless it is for some reason required pursuant to the terms of an union agreement or employment contract. The fact is that in "at will" employment, a company can set the terms of the workplace much as it sees fit. This means that an employee can be terminated for any reason or no reason at all, with or without notice.
That having been said, an employer cannot withold an employee's paycheck. All employees have the legal right to be compensated for all time worked. In VT, an employee who is fired should be given their last paycheck within 72 hours of their discharge. At this point, your son can file a complaint with your state's department of labor and/or sue his employer in small claims court for all salary owed.

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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