If a person is fired without being talked to about his problem can he be legally fired?

Answer 1

It may depend on the state the individual works in. If the employee works in an "at will" state, then "yes" a person may be fired even if they were not warned. This is because an "at-will" employees' employment "may be terminated with or without notice and with or without cause by either the employer or the employee at any time."

Some states are "just cause" and in this case, the employer would have to show that there was a legitimate reason for firing the individual.

However, even in "at-will" states the employee may be able to legally fight a termination of employment IF they were fired for a reason protected under law. For example, if the person has a disability or is believed [known] to have a disability and the employer fires them because of their disability, the Americans with Disability Act [ADA] may come into play. If the individual is fired because "they're too old," then ADEA [Age Discrimination in Employment Act] may come into play.

If an employee believes they have been fired for one of these reasons or for being in a protected class, then they should contact their state office on employment laws AND the federal government which covers the area the person feels they have been discriminated. A good start would be the Department of Labor and EEOC.