However, according to her, it is important to understand the other side as well: today, information in employment relationships can be transmitted not only by paper document.
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“Electronic means – e-mail, mobile devices, in some cases SMS – can be used. But legally the most important thing is not the channel through which the message came, but whether the requirements of the Labor Code were followed,” emphasized R. Joskaudienė.
In other words: an employee cannot be “fired” with just one emotional message.
Termination of an employment contract is not a casual message. It is a legal procedure.
1. SMS can be a way of informing, but not a “magic dismissal button”
“If the employer writes: ‘You will no longer work from tomorrow,’ ‘You don’t need to come anymore,’ ‘You are fired,’ such a message by itself does not answer the essential questions:
- On what basis under the Labor Code is the employee dismissed?
- What is the specific reason for dismissal?
- What is the date of termination of the employment relationship?
- Were the notice periods observed?
- Is the employee entitled to severance pay?
- Has the employer made a written decision to terminate the employment contract?
- Can the employer prove that the employee received such a decision?” – listed R. Joskaudienė.
2. The dismissal notice must be clear
If the Labor Code provides for the obligation to notify the employee about the upcoming termination of the employment contract, the notice must be given in writing. It must not contain vague phrases like “not suitable” or “no longer needed,” but clear information:
- reason for dismissal;
- the Labor Code provision under which the employment contract is terminated;
- the specific date of termination of the employment relationship.
“The employee must understand what is happening. Not guess. Not ask colleagues. Not find out from rumors.
Dismissal is one of the most sensitive moments in employment relationships, so it is the employer’s duty to act precisely, clearly, and legally,” emphasized R. Joskaudienė.
3. The notice and the dismissal itself are not the same
A very common mistake is that the employee receives a notice and thinks they are already dismissed. Not necessarily.
“A notice means that the employer informs about the intention to terminate the employment contract in the future. Until the employment contract has ended, the employee usually continues to perform work duties, and the employer must pay the salary,” said R. Joskaudienė.
The employment contract is not ended by a conversation, emotion, or just a phrase on the phone. The employer must make a decision to terminate the employment contract, and such a decision must be expressed in writing and delivered to the employee.
4. Can an SMS be considered a written notification?
In certain cases – yes, an electronic message can be considered proper written notification.
“However, it must be possible to determine:
- who provided the information;
- when it was provided;
- the exact content of it;
- whether the employee could save the information;
- whether the employer can prove delivery.
Therefore, the most legally dangerous assumption for the employer is:
“I sent an SMS – so everything is settled.”
No. Not everything.
SMS can only be a form of transmission. But it does not replace a legal basis, proper procedure, and clear content,” emphasized R. Joskaudienė.
5. If the message lacks a basis – that is a serious signal
If the employee receives only such a message: “You will no longer work from tomorrow,” the situation should be evaluated very cautiously. Such a message, as explained by R. Joskaudienė, may indicate that the employer is not following the dismissal procedure.
“Termination of the employment contract must be based not on the employer’s mood but on the grounds provided in the Labor Code.
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Dismissal can be, for example:
- by mutual agreement of the parties;
- at the employee’s initiative;
- at the employer’s initiative without the employee’s fault;
- at the employer’s initiative due to the employee’s fault;
- at the employer’s will;
- upon expiration of a fixed-term contract;
- on other grounds provided by law,” said R. Joskaudienė.
Each basis, according to her, has different consequences: notice periods, severance pay, guarantees, possibilities to dispute.
Therefore, one message “you are fired,” according to her, is often not a legal document but the beginning of a future labor dispute.
6. What should an employee do upon receiving such an SMS?
First of all – do not react impulsively.
“Save the SMS message. Take a screenshot showing the date, time, sender’s number, and text.
Do not sign a request to leave work voluntarily if that is not your true will. This is especially important. “Voluntarily” is not a formality. It can mean losing the right to a notice period, severance pay, or other guarantees,” advised the lawyer.
Request the employer in writing to provide documents. You can respond neutrally, for example:
“I have received the message. Please immediately provide a written employer’s decision regarding the termination of the employment contract, indicating the basis for termination, the applicable Labor Code provision, specific reasons, and the date of termination of the employment relationship. This response should not be considered my consent to terminate the employment contract.”
If there are doubts about the legality of the dismissal, it is worth consulting a labor law specialist or the Labor Disputes Commission.
7. The most important thing – deadlines
If the employee disagrees with the dismissal, delay can cost rights.
For unlawful dismissal, one usually needs to apply to the Labor Disputes Commission within 1 month from when the employee learned or should have learned about the violation of their rights.
Therefore, upon receiving such a message, one should not wait “until the employer sorts out the documents.” Evidence must be collected immediately and the basis for termination clarified.
8. R. Joskaudienė’s legal conclusion
According to the lawyer, the employer cannot legally dismiss an employee solely by a chaotic SMS message without basis, clear reason, Labor Code provision, and proper decision.
But an electronic message itself is not prohibited.
“Therefore, the answer to the reader’s question is this:
An SMS message can be a means of informing, but lawful dismissal depends not on the form of the message but on whether the employer complied with the Labor Code: whether there was a legal basis, clear written content, proper deadlines, evidence, and guarantees due to the employee,” advised R. Joskaudienė.
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