“At Will Employment"



It can be presumed that majority of the workers in California are “at will" employees. Under this doctrine, employers are given the right to hire and fire an employee anytime they wish without the burden of presenting their reasons for such termination. As well, the employees may leave their posts in a company anytime they want. Yet, there are several exceptions to this rule.

Under the California Labor Code, “at will" employment only apply for those who have not engaged in an oral or written agreement stating that an employee cannot be terminated without any fair basis. The employer then must first provide just reasons before firing his worker. His failure to follow this procedure can give his terminated employee a ground for filing a breach of contract lawsuit against him.

Another thing that nullifies an “at will" employment policy is when there is “implied contract" involved between the employer and his employee. This arises in cases like long-term employment, decent worker’s assessment and salary increases. In addition, if an employer’s statements and actions indicate an assurance to his employee, an immediate termination is considered wrongful if not supported with a good cause.

Bases of Wrongful Termination

It is definitely illegal for employers to terminate workers if they are performing well on their jobs and following all the company policies. However, a number of employers still violate this law provision in many instances such as:

•Employee termination based on age, nationality, sex, religious affiliation or disability

•Employee termination in retaliation for various actions and demands made by the worker

A.benefits demand

B.wage complaints

C.whistle blowing actions

D.workplace safety grievances

E.other unfair employment practices

Filing a Wrongful Termination Claim

An employee who has been wrongfully terminated from his job has the right to file a claim against his employer with the aid of a qualified termination claim attorney. However, in the process, he has to bear the burden of proof that he is indeed terminated without any good basis at all. Thus, he must present various evidences in form of documents and oral testimonies that will support his case in order for him tom have a better chance of recovery.

If the employee won his case, he may get the following damages from his employer:

•payment for emotional distress

•reimbursement of income lost

•fringe benefits

Aside from these, the court may oblige the employer to reinstate the employee to his former position or any post with similar compensation, benefits and duty. A more serious legal punishment may be implemented if the employer fails to provide these damages and reinstate his employee.