Being let go from a job can be an extremely difficult and emotional experience. You may feel shocked, confused, hurt, or even angry about losing your job, especially if it seems there was no warning or clear reason for your termination.
It’s natural to have many questions in this situation. One of the most common is “Can my employer fire me for no reason?” The short answer is: It depends on where you live and work.
At-Will Employment
If you work in an at-will employment state, your employer can legally fire you at any time, for any reason that is not discriminatory or retaliatory. At-will employment essentially means you can quit at any time for any reason, and your employer can let you go at any time for any reason.
According to the National Conference of State Legislatures (NCSL), all states except Montana are at-will employment states. However, some states have exceptions that place slight limitations on at-will employment.
For example, in some states, employers cannot fire an employee if:
- The reason violates public policy.
- An employment contract or collective bargaining agreement states the employee can only be fired for cause.
- There was an implied contract based on promises made regarding job security.
So in an at-will state, generally your employer does not need good cause to justify letting you go. But there are some exceptions.
Just Cause Employment
In Montana, employment is governed by the Wrongful Discharge from Employment Act (WDEA). This gives broader job protections to employees compared to at-will employment.
Under the WDEA, an employer must have good cause to let an employee go. Examples of good cause include:
- Failure to satisfactorily perform job duties
- Disruption of the employer’s operation
- Theft of company property
- Dishonesty related to the job
- Intentional destruction of company property
In other words, with just cause employment, an employer needs a valid, documented reason to justify firing an employee. They can’t legally terminate employment on a whim.
Discrimination and Retaliation
Regardless of whether you are in an at-will or just cause state, federal law prohibits employers from firing employees for discriminatory or retaliatory reasons. This means you cannot legally be terminated based on:
- Race or color
- National origin
- Sex
- Pregnancy
- Age (if over 40)
- Disability
- Genetic information
- Religion
It is also illegal for an employer to retaliate against an employee for actions such as:
- Filing a discrimination claim
- Reporting illegal activity (i.e. whistleblowing)
- Requesting leave under the Family and Medical Leave Act
- Forming or joining a labor union
So while at-will employment does give employers broad powers to terminate, anti-discrimination and retaliation laws still offer important protections in any state.
The Firing Process
If you are being let go from your job, there are typically protocols your employer should follow. Proper firing procedures often include:
- Warning: You should generally receive some kind of notice that your performance or behavior needs to improve before being terminated. This could be a verbal warning or formal write-up.
- Documentation: Your employer should document any policy violations or performance issues leading up to termination.
- Meeting: You should be informed of your firing in a face-to-face meeting. This allows you to ask questions and get clarification.
- Notice: In some cases, you may be entitled to advanced notice of termination. How much notice is required depends on company policy and employment contracts.
- Reason: Your employer should provide a clear, specific reason for ending your employment.
If these firing protocols were not properly followed, you may have grounds to challenge your termination as unjust or invalid. Proving wrongful termination can be difficult, but is possible in some cases with evidence.
Collecting Unemployment
After being let go from your job, one of the first steps is to apply for unemployment benefits through your state. Eligibility often comes down to the reason you were let go.
If you were terminated through no fault of your own, such as position elimination or downsizing, you will likely qualify for unemployment. But if you were fired for misconduct or performance issues, your unemployment claim can be contested.
During the unemployment process, your former employer will be contacted. They have the opportunity to provide their side of the story and object to benefits being paid out.
If approved, unemployment provides a weekly benefit amount based on your prior earnings. Benefits are paid for a limited number of weeks according to state policy. The extra income can help tide you over as you search for a new job.
Unemployment Denial
If your claim is denied, don’t panic. You have the right to appeal an unemployment denial within a certain timeframe, which varies by state.
During the appeals process, you will present facts about your termination and reasons benefits should be granted. A hearing may be conducted by phone or in-person.
Having documentation about your firing, such as past performance reviews, warnings issued, and correspondence with your employer, can help in appealing a denial. Supporting statements from co-workers may also be beneficial.
Replacement Income
Losing your job affects more than just your daily work activities—it can put your finances in a tailspin. Here are some options beyond unemployment benefits to help replace lost income:
Severance Package
Some employers offer severance packages to provide financial assistance when an employee leaves. Severance is usually only offered in layoff situations, not firings for cause.
Typical severance packages provide 1-2 weeks of pay per year worked. Some include extended health insurance, job placement assistance, and other transition benefits.
Savings Accounts
Savings accounts like emergency funds and retirement accounts can help cushion the blow of losing your income source. An emergency fund with 3-6 months of living expenses is ideal. Withdrawing retirement funds should be a last resort.
Credit Cards and Loans
Sources of credit like credit cards or small personal loans can provide cash in a pinch. But high interest rates can lead to financial trouble quickly. Only use them judiciously and as a short-term solution.
Payment Plans and Assistance
Contact your mortgage company, utility providers, lenders, and other creditors to explain your job loss. See if they can offer assistance like lower payments, waived fees, extensions, or altered due dates until you get back on your feet.
Public Assistance
Federal and local programs exist to help people who have lost income. Research eligibility for nutrition aid (food stamps), public healthcare, housing assistance, job training programs, and other government benefits.
Odd Jobs and Side Work
Taking on odd jobs is an option to earn extra money. Ideas include cleaning houses, doing yardwork, walking pets, driving for a rideshare service, or performing deliveries. Turning a hobby into a side business is another avenue.
Health Insurance Options
Don’t let a job loss leave you without health coverage. Look into COBRA, private plans, ACA marketplace plans, Medicaid, or coverage through a spouse or parent if needed.
The Consolidated Omnibus Budget Reconciliation Act (COBRA) allows you to continue your workplace health insurance for 18-36 months if you pay the full premiums. This can be expensive but provides continuity of coverage.
Private individual health plans can be purchased at any time. Shop for plans that fit your needs and budget on the Health Insurance Marketplace or directly from insurance carriers.
Medicaid provides coverage for those with low incomes. Losing your job may qualify you for Medicaid depending on your state’s eligibility rules. The Children’s Health Insurance Program (CHIP) is another option for families.
Rejoining the Workforce
Once the initial shock wears off, you’ll need to start planning your return to work. Here are tips to get back on your feet quickly:
- File for unemployment: Do this immediately upon losing your job.
- Update your resume: Refresh your resume and LinkedIn profile.
- Practice interviewing: Schedule mock video interviews to polish your skills.
- Network: Tap your contacts for company leads and check sites like LinkedIn.
- Consider upskilling: Take a course or get a certification to expand your opportunities.
- Stay motivated: Maintain a routine and make efforts daily, even in small ways.
Finding a new position takes time and sustained effort. With hard work and perseverance, you can bounce back.
Alternatives to Job Searching
If being let go leads you to realize you want to change paths, you do have options besides looking for another job right away. Possibilities include:
Going Back to School
Pursuing a degree orvocational program can help you gain skills to launch a new career. Student loans and scholarships can fund education.
Starting a Business
Use severance or savings to try turning your passion into your profession. Research regulations, create a business plan, and build a client base.
Freelancing
Freelancing allows you to use your expertise to work on a project basis for multiple clients. It takes hustle but provides flexibility.
Volunteering
Volunteer in your community or abroad to expand your network and give back. Nonprofit and volunteer experience looks great on a resume.
Coping with Job Loss Emotionally
Losing a job affects more than just finances—it can take a toll mentally and emotionally too. Here are tips to help you navigate the ups and downs:
- Let yourself feel: Bottling up emotions just prolongs the pain. Let it out privately. crying is normal.
- Lean on loved ones: Share what you’re going through with family and friends who can empathize and uplift you.
- Practice gratitude: Focus on what you still have like your health, relationships, abilities, and possibilities ahead.
- Stay positive: Keep a hopeful outlook. This is just a bump in the road, not the end.
- Get physical: Exercise, even just walking daily, releases feel-good endorphins.
- Try journaling: Writing about your journey can be cathartic. Note future goals.
- Limit social media: Comparing yourself to others will only feed the negativity.
- Have fun: Make time for hobbies and lighthearted activities to relieve stress.
- Consider counseling: If anxiety or depression linger, seek professional support.
Job loss can be demoralizing, but focus on the factors within your control. Keep perspective, take things one day at a time, and continue believing in yourself and your abilities.
Conclusion
Being let go from your job can certainly be jolting. While at-will employment does give companies broad power to terminate staff, there are still laws in place protecting employees from wrongful firing.
If you are terminated without being given a valid, documented reason, or find yourself fired based on discrimination or retaliation, there may be steps you can take to fight the decision.
Regardless of the circumstances, coping with sudden job loss requires resilience and grit. But taking advantage of all available resources, financial and emotional,along with persistence and positivity in your job search, can help you recover and move forward.
Letting one door close propels you to open another. With strategic planning and courage, a professional setback can mark the beginning of an exciting new chapter, not the end of your story.
