Can I Sue for Being Fired Without Warning?

Not every termination without warning is illegal, but in certain situations, it can be. If you live in California, it’s important to understand how the state’s employment laws work and when getting fired without notice crosses a legal line. 

Let’s walk through what you need to know about getting dismissed without warning, your rights as an employee, and what to do if you think your employer broke the law. 

When Employers Can Fire Without Warning 

Can you be dismissed without warning? Yes, in many cases that’s perfectly legal. Here are common situations where an employer can terminate an employee without any prior notice: 

1. Performance Issues 

If an employee is not performing well, the employer can take action. This includes missing deadlines, making mistakes, or not meeting expectations. In such cases, an employer can fire an employee immediately. 

2. Company Restructuring or Layoffs 

Businesses often go through restructuring, downsizing, or cost-cutting measures. Layoffs due to lack of work or budget cuts are usually legal, even without notice, unless a contract or union agreement requires otherwise. 

3. At-Will Resignation or Termination 

Just as employees can quit without notice under at-will rules, employers can also terminate employment without providing a reason or warning. It may feel unfair, but it’s not unlawful unless it violates an employment law. 

California Is an “At-Will” Employment State: What That Means 

Under California law, employment is at-will. This means that either the employer or the employee can end the working relationship at any time. They can do this with or without notice, for any lawful reason or no reason at all. 

Under California Labor Code §2922, employment without a specified term is presumed to be at-will unless otherwise agreed to in writing. Employers don’t have to justify the termination, and they aren’t required to give advanced notice. That said, they can’t fire someone for an illegal reason. 

You May Have a Claim if the Firing Was Illegal 

Even in an at-will state like California, employers cannot fire someone for reasons that break the law. Termination without warning is potentially illegal if it involves: 

• Discrimination based on race, gender, age (40+), religion, disability, national origin, or another protected category under federal or state law. 
• Retaliation for reporting workplace harassment, safety violations, wage issues, or taking protected leave (like under FMLA or CFRA). 
• Violation of a Contract where written or implied terms guarantee certain procedures before firing. 
• Public Policy Violations, such as being fired for refusing to commit an illegal act or for taking jury duty. 

In these cases, the issue isn't just the lack of warning, it’s that the reason for termination violates your legal rights. 

Is a Written Warning Required? 

A common misconception is that an employer must give a verbal or written warning before firing someone. In California, there is no legal requirement under state or federal law that mandates an employer to issue a warning before termination. 

However, there are exceptions: 

• Employment Contracts or Offer Letters: If your contract says you must receive a warning or a performance improvement plan before being fired, the employer may be legally obligated to follow that process. 
• Employee Handbooks: Some companies outline progressive discipline policies in their handbooks. While not always legally binding, if consistently followed and implied as company policy, courts may treat those steps as part of an implied contract. 
• Union Agreements: Workers covered by collective bargaining agreements usually have more protection, and written warnings may be required before firing. 

Even when not required, some employers provide warnings to protect themselves from future legal claims. 

What To Do If You’re Fired Without Warning 

Getting fired unexpectedly can be overwhelming. But there are steps you can take to protect yourself and understand your rights: 

1. Request a Termination Letter 

Ask your employer to put the reason for your termination in writing. While they may not be legally required to provide it, having documentation can help if you decide to file a complaint or claim later. 

2. Collect Your Final Paycheck and Accrued Vacation 

In California, if you’re fired, your employer must provide your final paycheck—including unused vacation pay—on your last day. According to the California Department of Industrial Relations (DIR), if the employer doesn’t comply, they may owe you waiting time penalties. 

3. Document the Termination Circumstances 

Write down everything you remember about the termination. Include the date, who was present, what was said, and any other relevant details. Save related emails, texts, or paperwork. These can be crucial if you need to prove wrongful termination. 

Know Your Rights Before and After Termination 

California’s at-will employment laws give employers broad power to fire workers, but not unlimited power. 

Being fired without warning is often legal, but not always. If your firing was based on discrimination, retaliation, or broke a contract or policy, you may have grounds for legal action. Just because an employer can fire you doesn’t mean they did it lawfully. 

At our employment law firm, we represent workers who were wrongfully terminated and help them assert their rights. If you’ve been let go suddenly and think your employer crossed the line, you don’t have to navigate the process alone.