California is one of many states that allows for at-will employment. According to the California Department of Industrial Relations, “Within the State of California, employment may be terminated at the will of either party. Both the employer and the employee are free to end the employment relationship at any time, with no penalty being assessed to either.” At-will employees within the state can be fired at any time and for almost any reason. But there are important exceptions and legal protections that also apply.
Exceptions to At-Will Employment
Although California allows at-will employment, this does not mean that workers are powerless. There are important exceptions that workers should be familiar with.
- Wrongful Termination: Employers are not permitted to fire workers for reasons that would violate federal or state law.
- Discrimination Protections: As established by the California Fair Employment and Housing Act (FEHA), employers cannot discriminate on the basis of race, gender, disability, sexual orientation, and other protected categories.
- Retaliation Protections: Employers are not allowed to fire employees who report workplace violations.
- Public Policy Exceptions: Employers are not allowed to fire workers if this action were to go against a public interest. This could include instances where a worker refuses to break the law.
Workers are less likely to be taken advantage of if they understand their rights. If you find yourself out of a job in California, it is important to consider the possibility that your termination may have been illegal.
At-Will Employment and Contract Employment
There are many other exceptions to at-will employment that could arise as a result of contracts. Some of these contracts may be written, and others may be implied.
- Implied Contracts: If an employer offers job security through promises, employee handbooks, or other measures, this could override the at-will status of an employee.
- Contract Employees: When an employee has a written contract that details the terms and conditions of their employment, this could easily override their at-will status. For example, many employment contracts will have a “just cause” provision that outlines the terms under which a termination could take place.
- Union Employment: In California, many workers are covered by collective bargaining agreements. These will typically come with job protections and security against being fired on a whim. There are many industries within the state of California that tend to be highly unionized. This includes healthcare and social services, the entertainment industry, transportation and logistics, and the public sector.
When you are considering which job you may want within the state of California, it is important to consider whether or not you will be categorized as an at-will employee. But no matter which job you pick within the state, you are still afforded many protections.
Dealing With Wrongful Terminations
Despite the protections that workers enjoy within the state of California, wrongful terminations still occur. If you believe you’ve been the victim of a wrongful termination, there are some important steps that you should take.
- Gather Evidence: Collect all emails, performance reviews, documents, and other evidence related to termination.
- File Complaint: You can consider filing a complaint with the California Department of Fair Employment and Housing (DFEH).
- Contact an Attorney: Speak with an attorney about your unique situation. They can review your case free of cost and let you know if you have a claim that can be pursued.
In the event you are the victim of a wrongful termination, an employment attorney can help you recover financial damages. Damages in a wrongful termination claim can help with back pay, front pay, lost benefits, and emotional distress. In severe cases, punitive damages may also apply.
Getting Legal Help For Wrongful Terminations
If you or someone that you care about has been the victim of a wrongful termination in California, you may have legal recourse. It may not be immediately obvious that a wrongful termination has taken place. An employer’s power to fire workers is not absolute. They cannot fire due to discrimination, retaliation, or whistleblowing. Workers are also protected by contracts in many different situations.
This is why it is so important for workers to at least speak with an employment attorney. Our team of employment law attorneys at The Labor Champ is here to help you. We can evaluate your case free of charge and let you know what your legal options are. You can reach out to us anytime at 949-727-9300.
