What qualifies as wrongful or unlawful employee termination?
The subject of wrongful termination is extremely broad and can only be briefly touched upon in this section. California law follows the general rule of employment “at will.” This means that if you do not have a contract of employment for a specific length of time, you can usually be terminated at any time, with or without notice. Just as an employee may leave their job whenever he or she wants, so may an employer fire a worker at any time, with or without cause . Of course, the law prohibits an employer from terminating an employee because of their age, sex, race, religion, national origin, disability or family status. California law recognizes certain exceptions to “at will” employment. One exception to “at will” employment is when there is an employment contract which states that the employee shall not be discharged for a specified period of time, or that the employee will not be terminated without just cause. These contracts can be written, oral or implied from the acts and conduct
Related Questions
- I am an employer who is being sued for wrongful termination, although my employee was fired for legal and valid reasons. What steps should I take to protect my company?
- Can the employee sue the employer for wrongful dismissal as well as file a claim for termination pay and severance pay?
- What qualifies as wrongful or unlawful employee termination?
