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i was fired for job performance, but was given no prof or any written warnings...is this allowed?
Thank you for contacting our firm.
Whether or not your employer’s actions are permitted will depend on whether they fired you for cause or on a without cause basis.
If your employer is alleging it had just cause to terminate you for poor job performance, then it is a high bar for them to meet. Employers will generally be required to have in place a system of progressive discipline that it has been utilized prior to making any decision to terminate an employee on the basis of poor job performance. The fact that you were not given any written warnings may be an indicator that your employer has failed to meet this obligation.
However, if your employer has terminated you on a without cause basis, then they may do so without the aforementioned mentioned system of progressive discipline or warnings that your performance was not meeting expectations.
In order for an employer to legally terminate an employee without cause they are still required to provide proper notice or payment in lieu thereof. The extent of the notice will depend on a number of factors, including whether there is an enforcible employment agreement.
We would need more Information before providing you with your potential options. If you would like to schedule a consultation you can contact us at the number below.
Whether or not your employer’s actions are permitted will depend on whether they fired you for cause or on a without cause basis.
If your employer is alleging it had just cause to terminate you for poor job performance, then it is a high bar for them to meet. Employers will generally be required to have in place a system of progressive discipline that it has been utilized prior to making any decision to terminate an employee on the basis of poor job performance. The fact that you were not given any written warnings may be an indicator that your employer has failed to meet this obligation.
However, if your employer has terminated you on a without cause basis, then they may do so without the aforementioned mentioned system of progressive discipline or warnings that your performance was not meeting expectations.
In order for an employer to legally terminate an employee without cause they are still required to provide proper notice or payment in lieu thereof. The extent of the notice will depend on a number of factors, including whether there is an enforcible employment agreement.
We would need more Information before providing you with your potential options. If you would like to schedule a consultation you can contact us at the number below.