Can I be fired with no warning or notice?
Johnny C. Taylor Jr., a human-resources expert, is tackling your questions as part of a series for USA TODAY. Taylor is president and CEO of the Society for Human Resource Management, the world’s largest HR professional society.
“Ask HR” has responded to a wide range of questions from employees and employers. Our HR advisers at the Society for Human Resource Management’s Knowledge Center receive a similarly diverse mix of questions every day. Here’s a recent sample.
Question: Can I be fired with no warning or notice?
Johnny C. Taylor Jr.: While there are laws that protect workers, it is possible to be fired without warning or notice.
Most states have “at-will” employment with limited exceptions. In these locations, employers are permitted to dismiss employees without notice.
Think of it this way: At-will employment means that you can decide you want to end the relationship with your employer at any time, and your employer can do the same with you.
There are some exceptions, though. For example, when an employee has a contract that requires the employer to provide notice of dismissal in advance.
The reality of at-will employment, however, is that most employers want to avoid terminating anyone without notice except in extreme circumstances. An immediate termination could be warranted for major safety violations or workplace policy violations.
Threats of violence or harassment also could result in a swift dismissal, as could insubordination, fraud, theft, plagiarism and similar unethical and deliberate acts.
Accidents, oversights and infrequent errors that are not of grave significance are less likely to cause reasonable employers to show you the door.
However, if you’re struggling to meet goals and deadlines or other job expectations, talking to your supervisor about these issues early on is key to avoiding being fired.
Human resource professionals know it’s in an employer’s best interest to provide regular feedback to employees about how they are performing and areas where they can improve.
Employees should take an active role in this process and ask for help in troubleshooting roadblocks; discussing achievable goals; prioritizing work activities; and getting the tools, training or assistance needed as soon as a problem develops.
Q: When do I have to disclose my pregnancy to my employer?
Taylor: No specific law states when an employee must notify her employer that she is pregnant.
Timing depends on each individual situation. But, as always, my advice is to be reasonable and professional.
An employee should consider how her absence will affect co-workers, clients and the overall company.
Realistically consider how much time your manager needs to arrange for your responsibilities to be handled, whether that’s through a temp or transitioning your projects and clients to a co-worker.
This can help ensure that not only the transition to time off is as smooth as possible, but your return to work also will be smooth.
You also should leave time to check on the status of any employee benefits related to your pregnancy and leave. In some cases, eligibility for certain benefits may require an employee to notify or apply for the benefit in advance.
For example, if you are eligible for leave under the Family and Medical Leave Act (FMLA), you may be required to notify an employer of the need for leave (if known) 30 days in advance of the leave.
Other benefits might also be available, including state-provided family and medical leaves, short-term disability, vacation and sick leave. You might not be aware of these until you have a conversation with HR.
Another reason for an early conversation is that medical situations, such as morning sickness or the need for bed rest, can – and do – arise before the birth. In these cases, you will want to use any benefits that will be helpful to you.
If you’re worried about how your employer may react to the news, be aware that employees are protected by the Pregnancy Discrimination Act (PDA). This is a federal law that prohibits employers from discriminating against an employee because of pregnancy, childbirth or related medical conditions.
Pregnant women must be treated the same as any other employee in terms of their ability or inability to work. An employer may not require more of a pregnant employee than it would any other employee with a medical condition.