Can employers terminate without giving proof?

michr

In the US if you do not have a contract then you are employed "at-will" which means you can quit or be fired at any time for any (LEGAL) reason or no reason at all. It does not matter what state you are in. The employer does not have to provide any evidence or even give the employee a reason for the termination.

The reason for the termination is only relevant in regard to qualifying for unemployment insurance.

"Right-to-work" has nothing to do with this, right-to-work relates to union representation and being a non-union member in a union shop.

Reena

If the employer is an "At Will" Employer they can terminate at any time for no apparent reason.

If they terminate for cause they will give the "cause" and when you apply for unemployment your claim can be denied if they had a good cause.

If they lay you off... meaning terminating for no cause then you are eligible for unemployment immediately.

imisidro

Employers can give reasons for termination even without proof. They can claim that the employee is not performing as expected and terminate that employee

Judy

Almost everywhere in the US, you'd be an "employee at will" unless you were covered by some kind of contract, and can be terminated without any reason.

sbinlb

In MOST states employment is "at will" or "right to work" meaning, unless you are covered by some labor contract (union) you can be terminated for any reason at any time. They do not need to provide proof that you did something. Although, most companies have policies that override this that allow an employee warnings before termination. If you are a union employee, the union contract specifies what needs to occur (warning/performance improvement process etc).

BTW for the other person who answered about California - California is a "at will" state meaning employees. In addition, unless you are a union employee or contract employee (executive or specialized employee with a signed employment contract), there is no contract between the employee and employer.

Lil' E.

YES, it called, At Will (you can be let go at any time and you can leave at any time)

rpf5

Yes, Some states, mostly in the south, are called "right to work states", & it includes a provision that lets you be terminated at any time with no reason needed.

etcetera86

Unfortunately yes, Service Master fired my husband for no reason twice now and are currently trying to prevent him from getting unemployment. To the person who said something about McDonald's even I took offense to that... you should keep your self-righteous rants to yourself. Sure some people slack off but others are used by companies who only want to some cheap and quick until they refill their minority quotients- leaving people like myself and my husband struggling to pay rent while they tell lies.

Ryan D

In California an employer needs proof, if they say that you're not performing to standard than they need other employee statements, a customer statement or visual proof. They would have also needed to document prior conversations (coachings or warnings) prior to termination.

REVIEW YOUR CONTRACT OF EMPLOYMENT from when you got hired. It should state in there, if you didn't sign a contract of employment than that was your mistake, sorry :(

softheart

They are not suppose too.

Simran

No they cannot.

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