Yes. Because California is an “at-will” employment state, your employer can fire you at any time, for any reason, without warning. Likewise, you can quit your job at any time you wish. Even with “at-will” employment laws, your employer cannot fire you for a discriminatory reason.
Your relationship with your employer is one that is built on trust and a common understanding. Ideally, the employer provides you with income, benefits, and job security, while you provide them with labor and production to meet the company’s goals. Sometimes, this relationship breaks down to the point that you need to quit or your employer decides to let you go. The legal term for this concept is “at-will” employment.
While this may seem like the employer holds all the power, there are certain laws in place to not only protect you, but also allow you to hold your employer accountable.
Maison Law Protects the Rights of California Employees
Attorney Martin Gasparian and his firm, Maison Law, proudly stands with California employees that have been wrongfully terminated. While you may be an “at-will” employee and you can get fired without warning, that doesn’t mean your employer can discriminate against you or terminate you illegally. If you feel you have been wrongfully terminated, contact us for a free consultation to learn more about your options.
What Is At-Will Employment in California?
Under California law, “at-will” employment means your employer can terminate the employment relationship at any time, with or without warning. for any reason. This protection ends for employers if they terminate you for a discriminatory reason or in retaliation for engaging in a protected activity. Legally speaking, this is known as wrongful termination, which is usually based on one of the following factors:
- Gender
- Race
- Sexual orientation
- Age
- Medical condition
- Religion
- National origin
- Color
In addition to the above discriminatory factors, employers cannot terminate you for being a “whistleblower”, where you made safety complaints, reported a hostile work environment, or reported harassment in the workplace.
When Does At-Will Employment Not Apply in California?
Discrimination and retaliation aren’t the only limits to at-will employment in California. There are other exceptions to this doctrine. While the vast majority of employee-employer relationships fall under the at-will category, there are certain scenarios where it does not apply.
- Contracts – When an employee works under a contract, at-will employment does not apply. This is because the terms and conditions of the contract take the place of the at-will doctrine. The vast majority of employment contracts define under what circumstances your employment can end.
- Fraud – Similarly, if your employer falsely represented the details of your job, the at-will doctrine will not apply. In practice, when an employer makes promises to you, or otherwise lies to you to get you to accept the job, you are not considered an at-will employee. Further, you can sue your employer for defrauding you on top of any wrongful termination claim you may have.
- Public Policy – Sometimes, there are situations in which an employee is protected from being terminated due to a violation of public policy. While not a recognized law, public policy is formed through the application of case law by the courts. For California employees, an exception to at-will employment exists in situations where they are fired because they refuse to do something illegal, report illegal activity by their employer, serve a military commitment, or fulfill a legal obligation.
Advantages and Disadvantages of At-Will Employment in California
In general, at-will employment can be beneficial to both the employee or the employer. Among the positives, at-will employment allows employers to:
- Meet company goals more easily by bringing in new workers
- Easier to build company culture
- Find new employees based on merit and skill
- Provides flexibility in terms of changing workers
As an employee, the major benefit of at-will employment is the flexibility you have in terms of finding a better opportunity-or removing yourself from a bad situation. Because you can leave whenever you want, as soon as you recognize that the job is not a good fit or you can get a better opportunity elsewhere, you can take it.
The major disadvantage of at-will employment is a lack of job security. When your employment can end virtually at any time, without warning, it can be extremely stressful. If you’re like most workers in California, you rely on your job to make ends meet and support your family financially. When that can be taken away without warning, it can be difficult to land on your feet.
What Are My Rights As An At-Will Employee in California
Even with your status as an at-will employee in California, you still have protections under California law. Most employers try to claim that because California is an at-will employment state, they do not have to provide a reason for your termination or can terminate you for whatever reason they choose. While this is technically true, California law also protects you from discrimination and retaliation.
What this means, in practical terms, is that you have the right to file a wrongful termination lawsuit when your employer illegally fires you. With a successful lawsuit, you can pursue compensation in the form of damages from your employer. In many cases, you may be entitled to:
- Lost wages, including unpaid overtime
- Back pay
- Punitive damages
- Pain and suffering
- Emotional distress
It’s important to understand that just because you are an at-will employee doesn’t mean you aren’t protected by California law. While filing a lawsuit against your employer can help you obtain monetary compensation, the scrutiny of a lawsuit can also encourage employers to make corrections to the way they conduct business.
Understand Your Legal Rights As a California At-Will Employee
Our team of experienced and knowledgeable California employment lawyers will fight to hold your employer accountable and make sure that you can receive compensation if you have been fired illegally. If you would like to learn more about your legal rights and protections, contact us for a free, initial consultation.
