Workers Can Be Fired Without Documentation

Q: Can an employer fire someone simply because a manager does not like them? A friend recently was terminated at a restaurant for that reason. There had been no problem with his work performance. In fact, he was praised for helping implement a new computer system.

While he was on vacation, the owner hired a new manager. When my friend returned, he was terminated by the new manager, who stated he did not like him. Is that legal? Before his termination, there had been no documentation of any problems and no verbal warnings of any kind.

--N.G., Cypress

A: Generally, there is nothing unlawful about a manager firing someone because of personal dislike. The only exceptions would be if the employee had a contract to be terminated only for “good cause” (for example, a union collective bargaining agreement) or if the manager’s “dislike” of the employee is based on some protected characteristic such as race, gender, national origin, etc.

It is a misconception that employees must be given verbal or written warnings, or that an employer must document performance problems before terminating an employee. Some employers have policies requiring such documentation and warnings, but such policies are in no way required by law. Under the law in California and most other states, employees are employed at will, which means that they can be terminated with or without good reason--so long as it is not an illegal reason--and without notice.

While this may seem harsh, it is simply the flip side of the concept that employees may resign at any time without having to prove in court that they have a good reason for doing so.

--James J. McDonald Jr.

Attorney, Fisher & Phillips

Labor law instructor, UC Irvine

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If you have a question about an on-the-job situation, please mail it to Shop Talk, Los Angeles Times, P.O. Box 2008, Costa Mesa, CA 92626; dictate it to (714) 966-7873, or e-mail it to [email protected]. Include your initials and hometown.