I am going to answer this myself as the original poster of the first question.
This question is not too localized. Getting fired on the second day, is it fair? is a very general question. It can happen to anyone. Most people will be so embarassed if it happened to them, they wont be able to post it anywhere. The same applied to me. It happened to me two years ago and I still cant understand is it fair to terminate someone on second day?
Possible answers that I was expecting
Yes it is fair to terminate someone on the second day if he is totally incompetent. It happens every where and the answer can go on ...
No, if you got hired through an interview, you do not deserve to be fired on the second day. He already assessed you, evaluated your skills, in order to be fire in this circumstance is highly unethical....
Now obviously I posted this question to better judge the situation and to know more about what is accepted in the industry.
Now what I also wanted to know, if it is ok to fire someone on the next day, hiring problem is probably solved. Hire the guy and fire him the next day if he lacks in skills. There shouldn't be any hiring problem then.
Second part of my question was about any legal action one can take in order to cope with this situation. This again is a really broad and not specific to me. It can apply to anyone who was fired sort of blantently without giving any good reason. Maple_shaft answer is really well addressing this issue. Quote
not following own termination procedures – often, the employee
handbook or company policy outlines a procedure that must be followed
before an employee is terminated. If the employer fires an employee
without following this procedure, the employee may have a claim for
This could be a million dollar advice for me or anyone. I am just saying. Isn't his answer totally general or he portrayed my situation only. Localized or not?
The question Details
The question starts with getting fired on the second day, did not say 'I got fired on the second day'.
The question then explains it was phone interview (isn't it relevent to the problem).
The question than point that OP was fully committed to the job.
The question then says he was fired by phone without giving him a chance to explain himself. Are these detail out of context. Of course when someone ask a question there is a reason he asks it. Would this question be good enough be deleting all of the info above and just title it more softly?
Deep Emotions involved
As another answer says, many such questions has deep emotions involved. Think about yourself getting a call, 'Do not come tomorrow'. Many people will be very emotional to phrase such question. As far me, I think I kept the emotions apart, the only draw back that I see here is the word, is it fair. May be I could phrase it
Is it ok to fire someone on second day
That would be probably soft but then any type of question which include firing will involve some type of emotions. BTW I do not have an grudge against anyone. I simply wanted an answer, is it ok or not. No somebody sympathize with and I am glad no one did :)
Check the accepted answer
Those who claim this is too localized. Check the accepted answer. Is this answer really localized to or it talks about something in general?
Rant in Disguise?
Who am I ranting against? Part of my question
Can the employee do anything about it if this is something violates
talks about any options if someone is hurt emotionally? Is this a rant or just may be some emotions as it is part of the question.
Argument as Non Constructive
Someone argued, this is not contructive. I totally disagree. OK I was fired, I should move on. Am I not suppose to take another job, can you gaurentee this will not happen to me again. Can't I explore my options next time. Can be I better equipped to handle this situation next time. Or not I am fired and there is no problem to solved. Again this is a general question not about myself.
The negative that I see here is probably a little bit of emotions esp in the title. That probably could easily be amended. However that chance is not given when it has close votes on it as I dont see any close votes and I dont know about the reason why close votes were casted.
There is probably a little bit of tone in the question. If I were to rephrase it right now, I would say
Is it ok to fire an employee on the second day?
Is it fair to terminate an employee on the second day of his job?
That would probably take some of the tone out. This wasn't such a huge issue to this to be too localized, it would be an easy edit, esp that I did not ask for personnel advice.