No one plans on getting fired on their day off, but it does happen and can take you by surprise when it does. If you have been fired on a day where you were not on the clock, you may be wondering if you have been wrongfully terminated and what your options are.
Unless you signed an employment contract that specifies how and when you can be terminated, an employer can fire you at any time. Whether they decide to fire you in person or by phone or email is up to them. However, although there is nothing legally prohibiting the termination of an employee by text or email, it is not advisable as it may harm morale among other employees.
In many cases, employees are given notice of their termination, especially in the event of a mass layoff. Many companies hold a meeting discussing the reasons for their decision.
At-Will Employment
When employment is at-will, it means an employee can generally be terminated at any time for any reason, provided the reason does not violate anti-discrimination laws. This also means that employers set the work schedule and have the option to change a worker’s scheduled hours at any time, unless there are provisions in an employment contract that state otherwise. Without a contract, if an employee gets fired, they are very limited in what they can do about it, except in some circumstances.
At-will employment also means that employees can resign from their position at any time for any reason. However, they should take care to check if they had signed an employment contract with provisions that might impact their search for a new job, such as a non-compete clause.
Wrongful Termination
An employee cannot be terminated for illegal reasons such as:
- Discrimination – Under state and federal law, employers are prohibited from making employment-related decisions on the basis of race, gender, disability, religion, and other factors. For example, if an employer has an employee with strict religious convictions, the employer has a duty to accommodate their religious observance days.
- Medical Leave: Under the Family and Medical Leave Act or the Americans with Disabilities Act, it is illegal for an employer to terminate you for taking medical leave.
- Jury Duty: It is illegal for an employer to terminate you if you get called to serve for jury duty. If they try to force you to come to work, you have the right to file a claim.
- Retaliation: You cannot be terminated for complaining about illegal activity such as harassment.
Mount Laurel Employment Lawyers at The Law Offices of Leo B. Dubler, III, LLC Represent Employees Seeking to File Wrongful Termination Claims
If you have reason to believe that you were wrongfully terminated, contact a Mount Laurel employment lawyer at The Law Offices of Leo B. Dubler, III, LLC. Our experienced lawyers will take you through the process of filing a wrongful termination claim while fighting for your rights. Contact us online or call 856-235-7075 today to arrange a free consultation. From our offices in Mount Laurel and Atlantic City, New Jersey, we assist clients in Cherry Hill, Burlington County, Camden County, and throughout South Jersey.