California is an at-will employment state, which generally means that an employer can terminate your employment at any time, for any legal reason. However, this does not mean they can terminate you for any reason, or that the listed reason is the real one. At Sparrow Law Group, our Los Angeles wrongful termination lawyer is very familiar with wrongful termination under the guise of ‘at-will’ employment.
What ‘At-Will’ Employment Really Means
According to a memo from Gov. Gavin Newsom, hosted on the Department of Industrial Relations webpage, ‘at-will’ employment in California means that employers and employees may terminate employment at any time without notice or penalty, unless a contract, agreement, or law dictates otherwise.
As an employee, this means that unless you have other contractual obligations, you can leave your position at any time, without notice. It protects workers and employers from staying in an employment relationship that no longer benefits them.
The downside is that without a contract, you may face less job security. However, even though your company could fire you on a whim, it typically avoids doing so due to additional costs such as unemployment claims or the risk of a lawsuit if the termination is perceived as illegal.
What ‘At-Will’ Employment in California Does Not Mean
The biggest caveat to the idea of ‘at-will’ employment is that an employer can terminate your employment for any legal reason. This does not mean they can terminate you for any reason, and California workers are protected from discriminatory terminations by several pieces of legislation. This legislation means that your employer may be violating your rights by terminating your position for reasons such as:
- You take leave protected by the Family Medical Leave Act (FMLA)
- Your association with a protected class
- A request for a reasonable accommodation
- In retaliation for filing a good-faith complaint as a whistleblower
- In retaliation for filing a complaint about sexual harassment or engaging in any legal activity outside of work and off the premises.
While your employer may say that they are laying you off due to budget cuts or lack of work, which is allowed as an employer in an ‘at-will’ state, you may want to consider whether any of the above situations might apply to you and others who may have been terminated under similar conditions.
Distinguishing ‘At-Will’ Terminations vs Wrongful Terminations
If you are concerned that your employer may not have terminated you for legal reasons, you may benefit from speaking with an employment attorney who can help you determine whether you have grounds to pursue them for damages related to a wrongful termination.
If you have evidence to show you were wrongfully terminated, you may be able to recover damages for lost wages, pain and suffering, and possibly damages related to any late fees or related financial hardships. Your company may also face civil penalties they must pay, and even sanctions from the Department of Labor or other governing bodies that enforce the laws and policies it violated.