When a person takes a job with an employer, they are entering into a relationship that has a variety of different considerations that will hopefully lead to a mutually beneficial partnership. However, sometimes the employer can decide that they want to terminate the agreement with the employee. In California, employment is considered “at-will”, meaning that the employer can fire an employee at any time-as long as the reasoning is legally valid. While this may seem like the employer holds all the power, there are certain laws in place to not only protect the employee, but to make sure the employer can be held accountable.
What Does “At-Will” Employment Mean in California?
Officially codified in section 2922 of the California Labor Code, employment can be terminated at any time “at the will” of either party. What this means is that, in most cases, the employee can be fired by the employer at any time with no notice or warning. By the same token, the employee can also end their employment at any time.
Pros and Cons of California At-Will Employment
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 objectives more easily
- Make corrections to personnel in a quick fashion
- Promote or find employees based on merit and skill
- Flexibility in terms of changing the business or reorienting workers
For the employee, the major benefit of at-will employment is the control they have in terms of pursuing a new or more fruitful opportunity. Because they can leave whenever they want, an employee can recognize that perhaps their current employment situation is not a good fit and can find a better opportunity.
The major disadvantage of at-will employment is that, because the relationship can end at any time, it can be difficult for both the employer and employee to find continuity. This can disrupt the business on both sides of the equation.
Rights of a California At-Will Employee
Just because an employee is considered to be “at-will” doesn’t mean they don’t have certain rights in the workplace, especially when the employer decides to terminate them. California’s at-will employment doctrine does not extend to an employer firing an employee for an unlawful or discriminatory reason, such as their gender, sexual orientation, race, age, or disability. Furthermore, if the employee had engaged in a “protected activity”, such as complaining about sexual harassment or a hostile-work environment, the employer would not be able to fire them without cause. In fact, firing an employee in retaliation for their complaints would constitute a wrongful termination.
Generally, employers and companies are well-aware of the potential for wrongful termination claims, which is why they have legal departments, human resources departments, and particular policies in place to avoid such claims and reinforce at-will employment. At the same time, if an employee is terminated for violating company policies, not following safety rules, or other similar reasons, their termination is likely to be classified as a termination for cause.
Other Considerations for At-Will Employment
Obviously, a vast majority of California employees are considered at-will. This means that, while they can enjoy the freedom to control their own destiny in terms of what they want out of their job. At the same time, being an at-will employee means that your job can be taken away at any time, without warning. While this can be a scary proposition, it’s ultimately in the best interest of both the employee and the employer to work together in a direct and honest manner so that each side can enjoy a beneficial partnership in terms of objectives and outcome of the business.
Work With an Experienced California Employment Lawyer
Working in California means that, most likely, you are an at-will employee. While at-will employment has both benefits and drawbacks, it also has certain protections in place in the event that the employment is ended illegally. Attorney Martin Gasparian and his firm, Maison Law, have built a reputation for standing up for those employees that have been wrongfully terminated by an employer that has claimed protection under our state’s at-will employment laws. Maison Law will fight to hold your employer accountable and make sure that you can receive compensation if you have been fired illegally. Contact us anytime to set up a free, initial consultation with our office today.
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