Wrongful Termination in an At Will State – California
[headline]“At Will Employment”[/headline]
Refers to California’s policy allowing both the employer and employee to walk away from the employment arrangement at any time so long as there has not been an agreement on the promised duration of employment. California Labor Code 2922 states:
An employment, having no specified term, may be terminated at the will of either party on notice to the other. Employment for a specified term means an employment for a period greater than one month.
This means that the employee has the right to quit whenever they choose. The employee does not have to give notice or warning. Nor do they have to give a reason, or if they do give a reason that reason can be as ridiculous as they want.
Here is the catch… The employer has the exact same rights. Yes, you read that correctly. In most situations, the employer does not have to give the employee notice or a warning. Nor do they have to give a reason or even a good reason. They can have the most ludicrous reason they want to terminate an employee.
There are typically only 2 instances when a wrongful termination can occur. One or both of the following must be present:
1. Discrimination
2. Retaliation
Discrimination
Under the law, discrimination is based on what is called protected classes; these classes are:
• Age (over 40 years)
• Race (ethnicity/ national origin)
• Gender (gender identification)
• Sexual orientation
• Religion (physical appearance and garments)
• Disability (medical conditions of any kind, including pregnancy)
• Equal Pay (gender specific)
• Genetic
Retaliation
Retaliation can only occur if an employee has reported the company for breaking the law, a safety violation, health code or an industry standard. The Department of Labor (DOL) referred to it as Whistleblowers protection. It’s not usually enough to complain about a boss’s unprofessionalism; usually you will need to report that an actual rule of some kind has been broken in order for retaliation to be considered present. Some common reports would include:
• OSHA violations
• Health code violations
• Tax evasion
• Improper payment of wages
• Sexual harassment
Labor law is complex; if you have any questions regarding your employment it is recommended that you contact a San Jose labor law attorney who can help you understand your rights and in many cases will review your situation without charge.
Photo Credit: Shutterstock/Steven Bognar