Being fired from a job is a stressful and challenging time, especially if your termination came without warning. Unfortunately, what occurred may have been legal due to at-will employment, but this isn’t always the case.
In California, there are strict laws surrounding employment termination, and it's essential to be aware of them if you face unemployment. This blog post will provide you with the information you need to understand your rights and know when it’s time to contact an employment lawyer.
What Is At-Will Employment in California?
Under California law, an employer can fire you at any time, for any reason, or no reason at all, because California abides by the at-will employment doctrine. This allows most employers to terminate employees without warning as long as the motivation for termination wasn’t unlawful.
Employers are prohibited from terminating employees for reasons rooted in discrimination (against age, sex, race, religion, and other protected characteristics) or as retaliation for activities at work that are protected by law, such as reporting illegal harassment, sexual harassment, discussing wages, or being affiliated with a union.
If you have an employment contract, it will detail the terms and conditions of your employment, including the length of time you will be employed and any specific reasons why your employer can terminate your employment. If your contract includes a specific termination process or guidelines, your employer must follow them, providing you with reasons for termination and due process.
What Is Wrongful Termination?
In employment law, wrongful termination refers to the termination of an employee for an illegal reason, such as those described above. This is a specific legal claim you can make when you believe you were fired for a reason that’s prohibited by law.
Keep in mind that your employer may try to preempt claims of wrongful termination by emphasizing their right to at-will employment. Although employers do retain this right, it doesn’t shield them from liability when the real reason an employee was fired was due to discrimination or their participation in a protected workplace activity.
So, can your employer fire you without warning in California? Yes, but there are limitations. If you believe your employer terminated you for an illegal reason or in conflict with your contract, it’s essential to know your rights and take action.
Make sure you document everything, understand your employment contract (or lack thereof), and speak to a legal professional if you're unsure about your rights. Protecting your job is a multi-faceted issue, and arming yourself with knowledge is the best way to stay informed and prepared.
For more information and legal service, contact K2 Employment Law today.