At-Will Employment

The general rule regarding California state labor law is that employees are "at will," which means that their employer can fire them at any time for any reason.  It also means that an employee can quit at any time for any reason.  There are, however, several important exceptions to the "at will" rule.

1. If an employee has an oral or written contract with their employer specifying that he or she will not be fired without 'good cause,' then the employer must provide a legitimate business reason for terminating such an employee.  If the employer does not provide such a reason, the employee may have a breach of contract claim.

2. An employee can also have an 'implied contract' with his or her employer.  An implied contract exists when the circumstances of employment (such as long-term employment, good evaluations and raises) and the actions and/or statements of the employer (such as assurances, progressive discipline policies) lead a reasonable employee to believe that his or her employer must have 'good cause' to terminate the employee.  If an implied contract exists between an employer and an employee, the employer must have a legitimate business reason for terminating such an employee.  If the employer does not provide such a reason, the employee may have a breach of implied contract claim.

3. Many state, federal and local laws prohibit employers from terminating employees for various reasons.  A termination might be considered a wrongful termination if it is based on one of the following (this is just a sample of possible claims for wrongful termination):

• Discrimination based on age, national origin, sex, pregnancy, religion, sexual orientation or marital status.  Also, if an employer terminates an employee for making complaints about discrimination based on any of the listed classifications, that termination may be considered an illegal retaliation;
  
  
• Discrimination based on disability, or retaliation for seeking a reasonable accommodation for a disability;
  
  
• Discrimination or retaliation for taking a medical leave or a leave to care for a sick parent or child;
  
  
• Discrimination or retaliation for making complaints about wage violations, such as nonpayment of minimum wage or overtime compensation;
  
  
• Discrimination or retaliation for having complained about workplace safety;
  
  
• Discrimination or retaliation for having complained to an employer or a government agency about the employer's illegal practices.

Even if an employee has not been terminated, they may have a claim against their employer if their employer has subjected them to unlawful harassment or discrimination.  Harassment based on race, national origin, sex, pregnancy, disability, age, religion, sexual orientation or marital status may be illegal.

If you need representation by a California employment attorney regarding  at-will employment or any other  California state labor law issue, please feel free to contact us.