The Power Equalizers
No opponent is too big
In California, employees are generally presumed to be employed “at will,” a situation that does not guarantee job security. The doctrine of at-will employment allows an employer to terminate an employee at any time without the need for advance notice or just cause. When an employee is terminated at will, he or she is not entitled to severance pay or pay instead of notice.
Not all employment relationships in California, however, are at-will. Case law, as well, provides certain exceptions in the application of the at-will doctrine.
Employment is not considered at-will when:
In either instance, if you are fired for causes not specified in company policies or your contract, you may have a legal claim against your employer for breach of contract.
Against public policy: It is a wrongful termination when the termination violates an explicit and well-established policy of the state. Thus, an employee cannot be fired for filing a worker’s compensation claim or for refusing to break the law at the instruction of the employer.
Covenant of good faith exception: Specific circumstances such as long years of employment and satisfactory service can create an implied covenant of good faith and fair dealing, which can prevent an employer from terminating at will.
At-will employees also have rights and cannot be fired for illegal reasons such as job discrimination and retaliation for exercising employee rights. If your employment has been terminated recently and under questionable circumstances, your California employment lawyer can determine whether you have been wrongfully terminated.
In California, the Marcarian Law Firm has years of experience in protecting the employment of clients with or without at-will clauses. We also handle many other employment cases, such as discrimination, Sexual Harassment, and wage and hour law matters. Contact us today at 800-924-3784 to arrange an initial consultation.