First, contact HR and explain the situation. Then either hire a lawyer or report the firing to your local office of the state's labor board or employment commission. Have all the information with you when you do. The employment commission may be able to remove the firing status. Then go out and find another job.
“The short answer is yes: In many to most circumstances, employees can be fired without notice,” says Sonya Smallets, an employment law attorney at Minnis & Smallets in San Francisco, California.
Notice period of termination Article 43 provides that either party in the employment contract can terminate the contract for any 'legitimate reason', provided that: a written notification is given to the other party and. the terminating party serves a notice of 1 month (30 days) to 3 months (90 days).
When it comes to employment law, a little knowledge can be powerful. California is an at-will state, meaning an employer can terminate you with or without cause. However, employees have protections when their employer violates their rights through a wrongful dismissal.
Regardless of what your grounds are, notice is required to terminate any contract. Typically, this notice will come in the form of a written document that clearly explains your decision to terminate the contract, why you wish to do so, and on what grounds.
You usually cannot cancel a contract, but there are times when you can. You can cancel some contracts within certain time limits. Some contracts must tell you about your right to cancel, how to cancel them, and where to send the cancellation notice.
In Ontario, termination “without cause” generally refers to situations where an employee is let go due to reasons unrelated to misconduct, such as business restructuring or downsizing. On the other hand, termination “for cause” occurs when an employee is dismissed due to serious misconduct such as theft or harassment.
California has specific laws when it comes to employment and wrongful termination. It follows a system of “at-will” employment, which means that there is no legal requirement for your employer to give you a specific reason when terminating you.
Unless that contract states that the company is an ``at will'' company and either party (the employer OR the employee) can terminate their side of the contract without notice.
Whatever the reason for termination, proper notice should be given to you or the termination can be invalid. A contractual term may provide a specific method and time period for the notice to be given.