Legal Question in Employment Law in Rhode Island
termination
Is it legal to be fired over the phone or by a message on a answering machine?--What can that employer say to future employers about my termination?
1 Answer from Attorneys
Re: termination
Yes it is legal to fire someone over the phone or over a message machine. Of course while I find this to be in very poor taste, it is not illegal because RI is an employee at will state which means an employee can be terminated at any time with or without cause unless there is a written employment agreement/contract.
As far as what the employer can say to future prospective employers, the past employer can always say the truth. For example if a fired employee were caught stealing or engaging in any conduct that was injurious to the employers business that information could be given to the new employer. In my experience however most past employers just refuse to give a reference one way or the other and simply confirm that the person was a past employee. This usually sends a clear message, but is also perfectly legal for the past employer to do.