The Legality of Being Fired: Understanding Employer Strategies

Introduction

The question of whether it is legal for an employer to notify an employee that they will be fired and that they won't be re-hireable is a topic often discussed in the field of employment law. This article explores the legal aspects of such situations, the motivations behind employer tactics, and advice on the best course of action for the affected employee.

The Legality of Employer Announcements

It is legal for a boss to notify an employee that they will be fired, provided there is just cause. Common reasons for termination include poor job performance, absenteeism, tardiness, theft, and generally not meeting the company's expectations.

If the termination is based on discrimination (race, religion, etc.), it would be illegal under U.S. labor laws and those in other countries with similar protections.

Strategic Resignation

Employers often prefer that employees resign voluntarily. This can be advantageous for the employer because:

They don't have to pay for unemployment benefits. They avoid potential lawsuits related to wrongful termination. They maintain a better relationship with the employee, which can be important for client interactions and company reputation.

By offering a resignation opportunity, the employer undermines the employee's ability to claim wrongful termination, as they are leaving voluntarily and the employer can provide a reference, which they might not be willing to do if fired.

Legal Considerations

It is legal for an employer to state that a position will be terminable at the end of the week, provided they do not give specific reasons that constitute legal discrimination. In the United States, for example, the company is not required to communicate much about the termination, minimizing the risk of being blacklisted.

In the event of a termination, the difference between being fired versus quitting in terms of unemployment benefits can vary by state and country. For instance, in the USA, there is no significant difference in unemployment benefits between the two scenarios. The main concern for the employee is the impact on future employment, not the current benefits.

Best Practices for Employees

Considering the legal implications, employees should:

Proceed with caution and consult with an employment lawyer to fully understand the legal ramifications in their area before making a decision. Understand that the company’s statement about not re-hireability is often just a strategy to avoid extended legal and financial costs. Consider letting the employer fire you as it allows the employee to avoid the stigma of a voluntary resignation and still receive unemployment benefits.

After being fired, the employee can apply for unemployment insurance benefits and make the company pay for them. This can be done regardless of when the next job application is made, as employers generally cannot be sued for providing truthful information about dates of employment and salary.

Conclusion

The decision of whether to resign voluntarily or wait to be fired hinges on various legal and strategic factors. Employees should carefully weigh their options, seek legal advice, and consider all potential impacts on their future employment and financial status.