Being an at-will employee means that, generally, your employment can end at any time, for any reason-or for no reason at all. Despite California being an “at-will” employment state, there are certain scenarios where the law does not apply.
Understanding when and where these scenarios occur can help an employee better know how they approach their relationship with employers-and how they can protect their rights in the event of a termination.
At Maison Law, our team of experienced, compassionate lawyers and staff works to help California employees who have been wrongfully terminated by their employer. We help those employees understand their rights under the law, making sure they can recover what is legally owed to them. Contact us for a free consultation and we will listen to what’s happened to you and help you determine your best options for securing justice. Any consultation with our skilled labor law attorneys is completely confidential.
How “At-Will” Employment Works in California
California is an “at-will” employment state, which means that there is a law on the books that officially defines the employer-employee relationship. Basically, employees and employers in California can terminate the work relationship at any time. The crux of California’s at-will employment law is the understanding that the employer-employee relationship exists “at the will” of both parties involved. In practice, at-will employment means that both parties are able to terminate the employment relationship “at will.” While many people interpret this to mean an employer can fire an employee for any reason, this is not always true. It is highly dependent on the situation.
Exceptions to At-Will Employment in California
While the vast majority of employee-employer relationships fall under this category, there are certain scenarios where California’s at-will employment law does not apply.
Contracts
Probably the most common scenario where at-will employment does not apply is when there is an employment contract. In these situations, the terms and conditions of the contract supersede the at-will doctrine. Whether the employment contract is written or implied, the employer may not be able to end the contract with the employee without a reason or notice.
Fraud
Not surprisingly, if your employer defrauded or otherwise falsely represented the details of the job, the at-will doctrine will not apply. This usually occurs when the employer promises certain things to the employee, and doesn’t fulfill those promises.
Wrongful Termination
At-will employment does not apply if the employer fires the employee illegally. Even though the employee is at-will, that doesn’t mean that the employer can terminate them for an unlawful or discriminator reason, such as their gender, age, disability, or race. Furthermore, if the employee has complained about sexual harassment or a hostile work environment, they are protected from termination under California law.
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.
Building an Effective California Employment Law Case
In order to file a wrongful termination claim against your employer, a good starting point is a cursory understanding of California employment law and how it works. Working with experienced legal counsel is probably the quickest way to achieve understanding. With decades of experience representing California employees, the employment lawyers at Maison Law know how to build an effective employment law case.
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
Facing your employer and holding them accountable for their illegal actions takes courage. Our ultimate goal is not only to help our clients recover fair compensation for their losses, but also to make sure employers adjust their conduct.
How California Employment Lawyers Can Help You
At Maison Law, we want to stand by your side, build a strong case, and help you obtain the best possible outcome for your situation. Attorney Martin Gasparian and his experienced team of California employment lawyers can help you understand your case so that you can fully prepare for the legal challenges ahead. If you would like to discuss your legal options, please contact us today.
