can you get fired without a written warning

Can You Get Fired Without A Written Warning

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Employers are not required to provide written warning before they fire an employee. In some situations, this makes sense. If an employee engages in serious misconduct, they may be fired immediately and without warning.

Should I Hire aLawyer if I’ve Been Fired Without Warning?

If you believe that you were fired illegally, it may be useful to consider the type of contract you had with your employer. This can guide in determining if there has been a wrongful termination. Furthermore, if there is any indication of an illegal reason by the employer for justifying the termination, seeking an wrongful termination lawyer will assist you in developing a case against the employer.

What Are Legally Protected Classes?

Employers cannot discriminate on the basis of an employee’s characteristic such as:

  • Race
  • Gender
  • Color
  • National origin
  • Religion
  • Sex
  • Age
  • Disability status
  • Veteran status
  • Pregnancy status

    • If your employer discriminates against you and fires you, you may have a claim for workplace discrimination against your employer. Workplace discrimination is considered illegal, under both Federal and California employment laws. Workplace discrimination, along with termination that occurs afterward is valid grounds for a lawsuit. If you have been fired because of your race, ethnicity, gender, sex, religion, disability, and/or pregnancy, you may have a claim against your employer for workplace discrimination. Contact our employment law attorneys today to determine if you have been discriminated against at work, and to file a claim against your employer for damages. No person should have to endure discrimination at work.

    Being fired out of the blue or even after getting positive performance reviews does not necessarily constitute wrongful termination. Employers are not required to give at-will employees any advance notice or warnings before firing them. That said, an employee with a good record, fired out of the blue or for a suspicious reason, may wish to consider whether the employer had an illegal, hidden motive for the termination.

    If an employee is fired due to the above circumstances, and not for a legitimate reason, they may be entitled to seek damages in court by filing wrongful termination claim.

    Erlich Law Firm is an Oakland law firm serving all of Northern California and specializing in the field of employment law. We have extensive expertise in helping people who have been wrongfully terminated and retaliated against recover their damages.

    Wrongful termination occurs under specific circumstances when an employer terminates an employee for an illegal reason. The employer may have acted illegally if an employee is fired because of discrimination, harassment, breach of employment contract or other reasons that violate federal or California employment laws.

    In order to have a wrongful termination claim, the employee must prove the employer’s differential treatment of them was motivated by their membership of a legally protected class, including sex, race, color, age, national origin, disability, serious medical condition, pregnancy, family status, religion or sexual orientation.

    Can You Get Fired Without a Warning? Know About Employment Law

    FAQ

    Do you get warnings before you get fired?

    Employers are not required to give at-will employees any advance notice or warnings before firing them. That said, an employee with a good record, fired out of the blue or for a suspicious reason, may wish to consider whether the employer had an illegal, hidden motive for the termination.

    Can you get fired if you have no write ups?

    Being “at-will” is why your employer can fire you, even if you’ve never received any write-ups.

    Can you be fired with no explanation?

    California is an at-will state, which means that an employer can fire you for any reason at any time, with or without cause. This means that if your boss doesn’t like your personality, if you run out of work, if they think you’re lazy, or if they just don’t need you anymore, they can fire you at any time.

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