Can an employer TERMINATE an employee Via text message?
Agawam, MA |
I was Fired via text message because I did a no call no show due to a family member passing? Is it ok for the employer to terminate me with out speaking to me to find out the reason why I did not show up to work? I am not an at-will employee.
It depends but if you are an employee at will and no other means of
protection, then yes
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If you are not an at-will employee then the answer to your question lies in the terms and conditions statement of documents that govern your employment (contract, union agreement, employee handbook, etc.). Generally, there is some remedy available to you within those documents such as grievance procedures or progressive discipline schedules that must be exhausted first. If no such remedy exits then proceed on a breach of contract theory with the help of an attorney, if you have language on your side.
This is not legal advice and is not intended to create an attorney-client relationship. You should speak to an attorney for further information.
Generally speaking, Massachusetts is an at will jurisdiction meaning that you can quit for any or no reason and your employer can fire you for no reason, unless you have a contract stating the terms of your employment for a specific time period. If you do not have a contract, you may have some recourse if you were discriminated against or otherwise, but generally it would be your responsibility to inform your employer if you cannot work a particular day. You may want to try talking to your supervisor and explain what happened. However, if you have such a contract, you may want to review the terms of that contract with an eye towards grounds for termination or bereavement leave and you should also consult an employment attorney as soon as possible to determine what rights or remedies you may have. Best of luck.
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If you are not an at will employee, you should look at your employee handbook to see what it describes as a termination procedure and causes for termination. Your employment contract may specify this as well. Speak with your human resources department or union rep to see what recourse you may have at this point. Good luck.
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