What You Need to Know About At Will Employment in California

At Will Employment in California

At will employment is a form of employment where either the employer or the employee can end the employment relationship at any time, with or without advanced notice, and there is no obligation to provide a reason. In California, at will employment is legal and is governed by state and federal law. This article provides an overview of the types of at will employment in California and the legal rights associated with them.

Types of At Will Employment in California

In California, there are two types of at will employment: express and implied. Express at will employment is when the employer and employee have a written agreement that explicitly states that the employment relationship is at will. Implied at will employment is when the employment relationship is not explicitly designated as at will, but it is assumed by the actions of the employer and the employee. This can include verbal statements or emails that indicate that either the employer or the employee has the right to terminate the employment relationship at any time.

Legal Rights Associated with At Will Employment in California

Although employers and employees have the right to end an at will employment relationship at any time, they are still subject to certain legal rights. In California, employers and employees are protected under the Fair Employment and Housing Act (FEHA). This act prohibits employers from terminating an employee based on their race, religion, gender identity, sexual orientation, age, or disability. Additionally, employers are prohibited from retaliating against an employee for filing a complaint about discrimination or harassment.

Exceptions to At Will Employment in California

There are some exceptions to at will employment in California. For example, if an employee has an employment contract, the terms of the contract may limit the employer's ability to terminate the employee. Additionally, if an employee has rights under collective bargaining agreements or union contracts, the employer is also limited in their ability to terminate the employee. Finally, if an employee has been employed for a certain period of time, they may have rights under the Employment Rights Act.

Court Cases Involving At Will Employment in California

In some cases, employees have brought lawsuits against their employers to challenge the legality of their termination. In these cases, the court will look at the specific facts of the case to determine whether or not the employee's termination was legal. Factors such as the employee's performance, the employer's policies, and the employee's rights under the law will be taken into consideration when making a determination.

Conclusion

At will employment is legal in California and is governed by state and federal law. Employers and employees have the right to end an at will employment relationship at any time, but they are still subject to certain legal rights. Additionally, there are some exceptions to at will employment in California, such as employment contracts, collective bargaining agreements, and union contracts. Finally, if an employee believes that their termination was illegal, they may bring a lawsuit against their employer.