If you live in California, you may have heard someone refer to it as an “at-will employment state”. At-will employment means that employees have the right to quit a job at any time and employers have an equal right to terminate an employee for any reason or no reason whatsoever. There are stipulations to ending the employment relationship for both parties as the reason for quitting the position or terminating the employee may come with legal repercussions.
California law prevents illegal discrimination and employers may not terminate employees who belong to a protected characteristic as doing so could leave that employer vulnerable to a wrongful termination claim by the employee.
If you believe you have been wrongfully terminated by your employer, it’s critical that you hire the right attorney to protect your rights. The Law Office of Fahim Rahman has been defending employees in wrongful termination cases and getting them the maximum compensation they deserve.
How the At-Will Employment Rule Works
At will employment applies to both employers and employees, no prior justification or explanation is required for either party to terminate employment and move on from the current working relationship. Therefore, employers may fire an employee due to poor job performance or simply because the needs of the organization have changed. The same goes for employees who are not bound to an employment contract, they have the right to seek out other job placement opportunities that may be more beneficial to their careers
However, California employment law does have restrictions in place that limit how and why employers may fire employees, what constitutes an illegal reason behind an employee’s termination, and other methods in place to protect employees against wrongful termination on the part of an employer.
Exclusions from the At-Will Employment Working Arrangement
Employment Discrimination
Workers classified by specific protected characteristics as outlined in federal and state law such as Title VII under the Civil Rights Act and the California Fair Employment and Housing Act (FEHA) may not be terminated from employment as a result of those characteristics.
That would be considered employment discrimination and any employee fired from his or her position of employment for this unlawful reason may be able to bring a wrongful termination lawsuit against that employer.
The following characteristics are as follows:
- Age (workers aged 40 and up)
- Race
- Disability
- Religious Preference
- Gender
- Sexual Orientation
California employment laws prohibit discriminatory termination and any employee who has lost his or her employment with an organization due to these reasons and is capable of demonstrating that fact, he or she may be entitled to compensation even if the employment agreement falls under the at-will rule.
If an employee can demonstrate that their termination was motivated by discriminatory reasons, they may have grounds for a wrongful termination lawsuit, even in an at-will arrangement.
Retaliatory Termination
Employees who are entitled to certain protections under the law and choose to file a harassment or discrimination complaint against a supervisor or colleague, acting within their capacity as a whistleblower, or reporting hazardous workplace violations, are protected against unlawful termination as a form of retaliation for exercising their legal rights.
An employer retaliating against any employee for these reasons can subject that employer to a wrongful termination claim.
Violations of Public Policy
The termination of any employee for refusing to participate in actions that may be considered unlawful as a violation of public policy does not constitute an at-will firing in the California courts and any employer who engages in such activity may be found liable for wrongful termination.
An employer may not terminate employees who refuse to become a party to illegal activity, exercise their legal rights to take family or medical leave, or request time off to meet their obligations for jury duty. If an employer decides to terminate an employee for these unlawful reasons, that employer may be subject to legal action.
Additional Employee Protections Under the Law
The law grants employees further safeguards from being wrongfully terminated for unlawful reasons and the following laws are in place as additional exceptions to at-will employment rules:
Family and Medical Leave
On the state level, the California Family Rights Act (CFRA) and the Family and Medical Leave Act (FMLA) at the federal level, both prevent employers from terminating any employee for exercising his or her rights to take family or medical leave to which they are entitled.Wage and Hour Protection
Employers are not allowed to retaliate against employees who exercise their legal rights under state wage and hour laws, including filing claims for minimum wage, overtime, and benefits violations.
Workplace Conditions Protections
Any employee who chooses to exercise his or her right to report hazardous conditions and other workplace violations to representatives at California Occupational Safety and Health Administration (CalOSHA) is protected against any retaliatory measures including the unlawful termination of that employee.
Do You Have a Wrongful Termination Case?
If you have experienced any of the above violations with a current employer, you may have a valid wrongful termination case. But it’s important to note that proving a wrongful termination case means presenting evidence that your termination violated your protected rights under the law and you were the victim of discriminatory, retaliatory, or other illegal actions that resulted in the loss of employment.
But you have options for legal recourse in which you can protect your rights and receive compensation for having those rights violated in your working relationship. Losing your job or continuing your employment without a sense of job security can lead to an impact on your physical or mental health and cause emotional distress to you and your family.
The Law Office of Fahim Rahman is ready to work with you in helping to determine whether or not you have a case against your employer, advise you on the next steps for filing a claim in a court of law, and protect your rights in a very difficult and intimidating situation. Your employer has high-powered legal representation on their side, you should have a powerful ally on your side who knows California at will employment laws inside and out.
Call us today – let’s discuss your situation and take the next steps towards justice.