California is an at-will employment state, meaning that employers and employees can terminate their working relationship at any time, for almost any reason. However, there are crucial exceptions to this rule designed to protect employees from unfair treatment.
Here’s a comprehensive guide to understanding at-will employment and its exceptions in California. If you have further questions and require help from an employment law attorney, contact PLBH at (800) 435-7542 for a legal consultation.
What is At-Will Employment?
At-will employment allows both employers and employees to end their employment relationship without needing to provide a reason or notice. This flexibility can benefit both parties but also comes with potential risks for employees.
Key Characteristics of At-Will Employment
- No cause needed: Employers can terminate employees without cause, and employees can resign without providing a reason.
- No notice required: Either party can end the employment relationship without prior notice.
- Broad application: This doctrine applies to most employment relationships unless specified otherwise by contract or collective bargaining agreements.
Exceptions to At-Will Employment
While at-will employment is the default in California, several significant exceptions protect employees from unjust terminations.
Public Policy Exception
Terminating an employee for reasons that violate public policy is unlawful. Examples include firing an employee for:
- Refusing to engage in illegal activities: If an employee is terminated for refusing to perform illegal acts, this is a public policy violation.
- Exercising legal rights: Employees cannot be terminated for exercising their legal rights, such as filing for workers’ compensation or reporting safety violations.
- Whistleblowing: Employees who report illegal activities or violations of public policy are protected from retaliation.
Implied Contract Exception
In some cases, an implied contract between the employer and employee may exist, even without a written agreement. Factors that can indicate an implied contract include:
- Promises of continued employment: Verbal assurances or statements in employee handbooks that suggest job security.
- Consistent performance reviews: Positive performance evaluations can imply continued employment.
- Longevity and promotions: Long-term employment and regular promotions may create an expectation of continued employment.
Covenant of Good Faith and Fair Dealing
This exception implies that employers must act in good faith and deal fairly with employees. Terminations based on malice or bad faith, such as firing an employee to avoid paying benefits, may violate this covenant.
Discrimination and Retaliation Protections
Employees are protected from termination based on discriminatory reasons or retaliation for engaging in protected activities.
- Protected characteristics: Employers cannot terminate employees based on race, color, religion, sex, national origin, age, disability, or genetic information.
- Retaliation: Employees cannot be fired for participating in protected activities, such as reporting harassment, taking family or medical leave, or serving on a jury.
Steps to Take if You Believe You Were Wrongfully Terminated
If you suspect your termination violated one of the exceptions to at-will employment, taking the appropriate steps can help protect your rights and seek justice.
Document Everything
Keep detailed records of your employment, including performance reviews, emails, and any incidents leading up to your termination. Documentation can provide crucial evidence if you decide to pursue a claim.
Seek Internal Resolution
Before taking legal action, attempt to resolve the issue internally by discussing it with your employer or HR department. Sometimes, misunderstandings can be clarified, and issues can be resolved without further action.
Filing a Complaint or Lawsuit
If internal resolution fails, you may need to file a formal complaint or lawsuit to seek justice.
Government Agencies
Depending on the nature of your claim, you can file a complaint with relevant government agencies, such as:
- Equal Employment Opportunity Commission (EEOC): For discrimination or retaliation claims.
- California Department of Fair Employment and Housing (DFEH): For violations of California’s employment laws.
Legal Assistance
Navigating a wrongful termination claim can be complex. Seeking legal assistance ensures your rights are protected and increases your chances of a successful outcome.
How PLBH Can Help
At PLBH, we specialize in representing employees in wrongful termination cases. Our dedicated team will work tirelessly to understand your situation, gather necessary evidence, and advocate for your rights. Whether through settlement negotiations or litigation, we strive to achieve the best possible outcome for our clients.
If you believe you have been wrongfully terminated, contact PLBH at (800) 435-7542 for a consultation. Our experienced attorneys are here to provide the support and expertise you need to seek justice and compensation for your unlawful termination.