Can HR fire you without manager approval?

Asked by: Wilfred Kilback MD  |  Last update: October 1, 2025
Score: 4.9/5 (45 votes)

HR gets its power from the top. They are endowed by the company president (or whoever is in charge.) So, if HR can fire employees against the will of the employees' managers, that power comes from the president or CEO, and that can be revoked. In other words, HR only has the final say when the CEO grants it.

Can HR fire you without a manager?

In most cases, HR are in a supporting role. They may carry out the investigation, they may chair a disciplinary meeting or attend as a note taker, but the actual decision on whether or not to terminate someone's employment should rest with the line manager.

Does HR have power over the manager?

HR Does Not Make Decisions For The Company

First of all, HR has an advisory role in the organization; contrary to popular belief among employees, HR assists line managers and executives in the strategic decision-making process but does not make them by themselves.

Does HR decide who gets fired?

The decision of who to lay off is ultimately up to the company's management team. However, human resources (HR) professionals often play a key role in the decision-making process. HR professionals can provide data and analysis to help management make informed decisions.

Can HR fire me without proof?

At-will employment in California

At-will employment allows employers to fire employees without needing to provide a reason or proof. This means that HR can terminate your job at any time, for any reason at all, or even for no reason.

Can I be fired if I make a complaint to HR?

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What is an example of unfair termination?

Examples of wrongful termination

Your termination could be wrongful if your employer fired you: Due to discrimination. In violation of a federal or state labor law. Because you reported and refused to participate in harassment.

Can HR fire you without warning?

For most workers, the answer to “Can you be fired without warning in California?” is yes. Employers are generally not required to give employees any notice before terminating them. This is part of the at-will employment doctrine that allows employers to end the employment relationship at any time.

Does HR have to approve firing?

HR gets its power from the top. They are endowed by the company president (or whoever is in charge.) So, if HR can fire employees against the will of the employees' managers, that power comes from the president or CEO, and that can be revoked. In other words, HR only has the final say when the CEO grants it.

Can a manager override HR?

The head of HR usually reports to the CEO, so unless it's a position high enough that the CEO is personally involved in the hiring process and can override HR, there's nothing you can do.

Does HR have the final say?

They don't fully control the hiring process

In many organizations, HR is the frontline in the hiring process, advancing only the most vetted candidates to the interview stage. However, the final say in who gets the job ultimately resides with the hiring manager, who is typically outside of the HR department.

Is HR ever on your side?

HR is Not Your Friend

Regardless of how an employer brands its Human Resources department, the reality is, that for many employees, the Human Resources department is not your friend. The Human Resources department isn't necessarily an enemy, but it isn't an advocate either.

Who is higher, HR or manager?

Decision-making authority: An HR executive typically has more decision-making authority and participates in making high-level decisions that can affect the entire organisation. An HR manager, instead, may focus on making decisions that can affect their specific area of responsibility.

What can HR not do?

Top 5 Things HR Should Not Do
  • Do not be the Party Planner, the Birthday Coordinator, Office Decorator, etc. ...
  • Never act as the Fashion Police or as an Elementary School Principal. ...
  • Don't plant yourself firmly as the obstacle managers and employees must constantly climb over to get their jobs done.

What is illegal for HR to do?

It is illegal to harass an employee because of race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information.

What are my rights if I get fired?

Workers' Rights After Being Fired

If you have already been fired, you still have rights under California law. For example, upon termination, your employer is required to provide your final paycheck immediately or within a specified time frame, depending on whether you were fired or quit voluntarily.

How do I know if HR is going to fire me?

The most common signs that you'll be terminated by your company include sudden changes in responsibilities, drastic reduction in workload, employers unbothered by your mistakes, being set up to fail, and exclusion from important meetings.

Does HR make the final decision?

Reality: Unless it's an HR job, specifically, HR doesn't have FINAL decision-making over employment decisions. They can be overruled, IF the firm's leaders WANT to.

Can I complain about my manager to HR?

If you're having difficulties with your manager at work, don't be afraid to let HR know. Human resources handle many things in an office to help things run smoothly and ensure employees are happy and feel supported.

Does HR fire you or your boss?

Generally, most companies use a combination of a manager and a human resource employee to conduct the termination. One or both persons act as a witness in case the employee being terminated makes a damaging statement or otherwise violates company rules during the termination process.

Can HR fire you without proof?

Under at-will employment, HR can terminate employees without needing proof or a reason. This means they may end employment at any time.

Does HR give warnings before firing?

Employers can go straight to a final written warning. In fact, employers have no obligation to give you any warning at all. Under employment laws, company's may fire an employee for any non-illegal reason. Illegal reasons typically include discrimination or retaliation.

Can HR tell why you were fired?

Federal law doesn't prohibit employers from sharing the reasons for terminating an employee. Some state laws regulate what employers can say about former employees. Check with your state's labor department for restrictions in your location.

Can HR yell at you?

Is Yelling in the Workplace Allowed? The short answer is yes. Legally speaking, supervisors and managers are allowed to yell at employees. However, when that yelling is about or against a protected class, the yelling may qualify as harassment.

How many warnings before termination?

It's customary to give an employee two written warnings before dismissing them. That's a generality though, and UK employment law doesn't give a set, statutory number of written warnings that must be given before dismissal. The ACAS has some guidelines regarding written warnings.

Can HR fire you for complaining?

You may not be fired for making a complaint (whether to your own HR department or to the Equal Employment Opportunity Commission) about harassment or discrimination in the workplace; for participating in an investigation of these issues; or for exercising your rights under these laws (by, for example, requesting a ...