In California, employees generally work under an “at-will” employment arrangement. This means that employers can terminate employees for almost any reason or no reason at all. However, even under this system, there are important legal protections against wrongful termination.
Understanding at-will employment
At-will employment gives both employers and employees the flexibility to end the work relationship at any time, with or without notice. California law allows employers to hire and fire employees at their discretion. Despite this flexibility, the law sets boundaries to prevent abuse.
Legal exceptions to at-will employment
Although employees can be fired for most reasons under at-will employment, California law creates exceptions to protect workers. These exceptions prevent employers from firing employees for discriminatory reasons, retaliation, or in violation of public policy.
- Discrimination: Employers cannot terminate employees based on race, gender, religion, sexual orientation, disability, or other protected characteristics. Discrimination laws safeguard employees from being fired due to their identity.
- Retaliation: Employers are prohibited from firing employees in retaliation for exercising their rights. For example, if an employee files a workers’ compensation claim or reports unsafe working conditions, firing them for these actions is illegal.
- Violation of public policy: Employees cannot be fired for reasons that violate public policy, such as refusing to engage in illegal activities or participating in jury duty. If an employee is terminated for acting in the public’s best interest, the termination is wrongful.
Remedies for wrongful termination
Employees who believe they have been wrongfully terminated in California can seek compensation through legal action. Remedies can include back pay, job reinstatement, or compensation for emotional distress. Employees should contact an attorney to evaluate their case and explore their options for seeking justice.
