Can You Be Fired for Not Doing Your Job?

Under the employment-at-will doctrine, employers generally have the right to terminate employees for any reason or for no reason at all (Smithey Law Group LLC, 2021). However, there are exceptions to this doctrine. Employers cannot terminate employees for reasons that would violate federal, state, or local anti-discrimination laws or public policy (Employment Law Firms, 2023).

Key Facts

  1. Employment-at-will doctrine: Under the employment-at-will doctrine, an employer generally has the right to terminate an employee for any reason or for no reason at all.
  2. Exceptions to employment-at-will: There are exceptions to the employment-at-will doctrine. Employers cannot terminate employees for reasons that would violate federal, state, or local anti-discrimination laws. Additionally, employers cannot fire employees for reasons that would violate public policy, such as retaliatory reasons.
  3. Discrimination laws: Federal laws, such as Title VII of the Civil Rights Act, the Age Discrimination in Employment Act (ADEA), the Pregnancy Discrimination Act (PDA), and the Americans with Disabilities Act (ADA), protect employees from being fired for discriminatory reasons.
  4. Documentation and record-keeping: Employers should thoroughly document and maintain records of any employee problems to provide a non-discriminatory basis for termination.

Federal Anti-Discrimination Laws

Several federal laws prohibit employers from firing employees for discriminatory reasons. Title VII of the Civil Rights Act prohibits discrimination based on race, color, religion, sex, or national origin (Employment Law Firms, 2023). The Age Discrimination in Employment Act (ADEA) protects workers aged 40 and older from discrimination based on age (Employment Law Firms, 2023). The Pregnancy Discrimination Act (PDA) prohibits discrimination based on pregnancy, childbirth, or related medical conditions (Employment Law Firms, 2023). The Americans with Disabilities Act (ADA) prohibits discrimination against qualified individuals with disabilities (Employment Law Firms, 2023).

Documentation and Record-Keeping

Employers should thoroughly document and maintain records of any employee problems to provide a non-discriminatory basis for termination (Employment Law Firms, 2023). This documentation can help employers defend themselves against claims of wrongful termination.

Conclusion

While employers generally have the right to terminate employees for any reason, there are exceptions to this rule. Employers cannot terminate employees for discriminatory reasons or reasons that would violate public policy. Employers should thoroughly document and maintain records of any employee problems to provide a non-discriminatory basis for termination.

References

Employment Law Firms. (2023). What You Can’t Fire Someone For. Retrieved from https://www.employmentlawfirms.com/resources/what-you-cant-fire-someone-for.html

Smithey Law Group LLC. (2021). Can You Terminate an Employee Solely for Poor Performance? Retrieved from https://smitheylaw.com/can-you-terminate-an-employee-solely-for-poor-performance/

FAQs

Can I be fired for not doing my job?

Yes, under the employment-at-will doctrine, employers generally have the right to terminate employees for any reason or for no reason at all, including poor job performance.

Are there any exceptions to the employment-at-will doctrine?

Yes, employers cannot terminate employees for reasons that would violate federal, state, or local anti-discrimination laws or public policy.

What are some examples of discriminatory reasons for firing an employee?

Examples of discriminatory reasons for firing an employee include race, color, religion, sex, national origin, age, disability, and pregnancy.

What are some examples of reasons that would violate public policy?

Examples of reasons that would violate public policy include firing an employee for refusing to commit an illegal act, for reporting a violation of the law, or for exercising a legal right.

What should I do if I am fired for a discriminatory reason or for a reason that violates public policy?

If you are fired for a discriminatory reason or for a reason that violates public policy, you should contact an employment law attorney to discuss your legal options.

What can I do to protect myself from being fired for not doing my job?

To protect yourself from being fired for not doing your job, you should make sure that you are meeting your job expectations and that you are following all company policies and procedures. You should also keep a record of your work performance and any positive feedback you receive from your supervisors.

What should I do if I am fired for not doing my job and I believe it was unfair?

If you are fired for not doing your job and you believe it was unfair, you should contact your employer’s human resources department to discuss the termination. You may also want to consult with an employment law attorney to discuss your legal options.

Can I get unemployment benefits if I am fired for not doing my job?

Whether you can get unemployment benefits if you are fired for not doing your job depends on the specific circumstances of your case and the laws in your state. In general, you are not eligible for unemployment benefits if you are fired for misconduct. However, if you believe that you were fired without good cause, you may be able to appeal the denial of your unemployment benefits.