- Dec 16, 2022
Updated: Jan 24
Employees in California are presumed to be at-will employees, except under limited circumstances (as discussed below). At-will employment means that an employer can dismiss the employee for any reason or for no reason whatsoever. Conversely, an employee may quit their job without giving prior notice and with no explanation. There are only a few exceptions to this general rule – namely if there is an express or implied contract between the two parties; if the employer falls under public or union jurisdiction; or if the employee is represented by a labor union. In these exceptional cases, the employer must have “good cause” to terminate the employee. Putting aside these exceptions, generally an employee or an employer can terminate the relationship at any time.
However, this does not mean that an employer can violate the law when they terminate an at-will employee. The termination must still comply with all aspects of the law, meaning the termination still has to be legal and comply with all state and federal regulations. For example, if an employer fires an employee based on sex, religion, sexual orientation, or other protections afforded by law, then the termination is illegal. In these types of illegal firing, an employee may be able to bring a lawsuit against the employee for wrongful termination.
If you have been recently terminated from your work, you have a very limited period of time to file an employment claim in Los Angeles, California. Please contact our office today for a free no obligation case review to determine what your rights are.
