In California, employees are generally presumed to be employed “at-will”, a situation that does not guarantee job security. The doctrine of at-will employment allows an employer can fire an employee at any time without any reason or prior notice. It is at their “will” to terminate any employee. When an employee is terminated at-will, he or she is not entitled to severance pay or pay in lieu of notice.
However, the reason for termination is defined by the word “cause” in labor laws. A cause is thought to be a good reason that is not regulated by any authority.
While the idea for these laws seems to be that both sides are protected, in truth, it is the employee who suffers. Losing livelihood without any warning or for any reason can be a devastating result of at-will employment.
Exceptions to At-Will Doctrine
Against Public Policy: It is a Wrongful Termination Laws when the termination violates an explicit and well-established policy of the State. Thus, an employee cannot be fired for filing a worker’s compensation claim or for refusing to break the law at the instruction of the employer.
Implied Contract Exception: The courts will not apply the at-will doctrine when the employer makes oral or written representations to employees regarding job security or when the employee handbook guarantees job tenure or require good cause for terminating employment. Thus, a California court ruled that oral statements saying that the employee shall remain employed as long as his performance is adequate can be construed as creating an implied contract preventing at-will terminations.
Covenant of Good Faith Exception: Specific circumstances such as long years of employment and satisfactory service can create an implied covenant of good faith and fair dealing which can prevent an employer from terminating at will.
At-will employees also have rights and cannot be fired for illegal reasons such as job discrimination and in retaliation for exercising employee rights. If your employment has been terminated recently and under questionable circumstances, your California Lawyers for Wrongful Termination can determine whether you have been wrongfully terminated.
Top Employment Lawyers in California
In California, the Marcarian Law Firm has years of experience in protecting the employment of clients with or without at-will clauses. We also handle many other employment cases such as discrimination, harassment, and wage and hour law matters.
Contact Marcarian Law Firm today at 800-924-3784 to arrange an initial consultation
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CALIFORNIA EMPLOYMENT LAW: WHAT IS EMPLOYMENT-AT-WILL?
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