The laws governing employee termination in your state will depend on the jurisdiction and any applicable federal, state or local legislation. Generally speaking, employers must provide employees with written notice of their termination at least two (2) weeks prior to the effective date of separation or dismissal. Federal laws may also apply including the Fair Labor Standards Act (FLSA), Title VII of the Civil Rights Act of 1964, and Family Medical Leave Act (FMLA). Additionally, many states have enacted “at-will” employment statutes that allow an employer to terminate employees without cause as long as they are not doing so in a discriminatory manner. If an employee is terminated for a prohibited reason such as discrimination based on race, gender, age, religion etc., then they may be able to file a lawsuit against their former employer. It is important to note that specific exceptions may exist depending upon individual circumstances such as if there was an employment contract in place or if union rules applied.
It is strongly recommended that you consult with qualified legal counsel regarding any questions about specific requirements imposed by local jurisdictions and other applicable law when it comes to terminating an employee. Furthermore, it is important for all employers to familiarize themselves with relevant labor laws before taking action so that violations can be avoided and appropriate remedies obtained for those wrongfully dismissed from employment.
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