“They called me into the office on a Friday and told me not to come back, no query, no letter, nothing.” This is one of the most common employment complaints we hear, and the question behind it is always the same: can my employer just do this? The honest answer is more nuanced than most people expect, and knowing the difference can be the reason you walk away with what you’re legally owed instead of nothing.
My employer sacked me without warning – is that Legal in Nigeria?
The Short Answer
In most cases, yes – a Nigerian employer can terminate your employment without giving a reason, as long as they follow the contract. What they cannot legally do is refuse to pay you what the contract and the law require: your notice period (or salary in lieu of it), unused leave, and any other accrued benefits. Termination without a stated reason is not automatically “wrongful” – termination without proper notice or payment is.
When It Crosses into Wrongful Termination
STEP 1 No Notice and No Pay in Lieu
Your contract, or the Labour Act where the contract is silent sets a minimum notice period based on how long you’ve worked there. If your employer ends your job on the spot without either giving that notice or paying your salary for that period, they’ve breached the contract.
STEP 2 You Resigned, Then Got Sacked During Your Notice Period
Once you’ve submitted a valid resignation, your employer cannot turn around and terminate you before that notice period ends and treat it as a dismissal. Nigerian courts have held this is legally inconsistent, you can’t be dismissed from a position you’ve already given notice to leave.
STEP 3 Dismissal for Misconduct Without Any Hearing
If you’re being accused of theft, fraud, or similar misconduct and dismissed instantly with no chance to respond, that typically fails the basic fairness a Nigerian court expects even though Nigerian employment law does not require the same due-process protections as, say, unionized sectors or the public service.
What You’re Owed, Regardless of the Reason
- Salary for any period already worked, up to your last working day.
- Payment for any accrued but unused annual leave.
- Any other contractual entitlement, bonus, allowance, or benefit already earned before termination.
What This Means for You
Before you accept a sudden termination as final, check two things: does your final pay actually match your notice period and leave balance, and does your contract or employee handbook set a process your employer skipped? Many terminations that feel abrupt are technically lawful but a striking number involve an employer simply not paying what’s owed, hoping the employee won’t push back.
Been sacked and unsure what you’re owed?
Olamide Oyetayo & Co. advises employees and employers across Nigeria on termination disputes, employment contracts, and severance negotiations.
This article is for general information only and does not constitute legal advice.