Our offices handle most types of employment contracts, including review of existing contracts and preparations of new contracts.
The general rule regarding California employment 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.
Under California employment law, 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 a California labor law attorneys regarding employment contracts or any other California state labor law issue, please feel free to
contact us.
