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.
Retaliation 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;
- 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.
- An employee can also have an 'implied contract' with his or her employer.
An implied contract exists when the circumstances of employmen (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.
- 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 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 discrimination lawyer
regarding at-will employment or any other California state labor law issue,
please feel free to contact us.
