What Is An “At Will” Employee?
You may have heard that California is an at-will employment state. “At-will” is a term that is used to describe an employment relationship in which an employee can be fired at any time, for any reason, without any warning. At-will employees may also quit at any time, for any reason, without any warning.
If you do not have an employment contract, your employment is at-will. However, there are many exceptions to the basic rule of at-will employment. When an employer terminates an employee as an act of discrimination or retaliation, this is wrongful termination. The North Bay Law Group helps employees who have been wrongfully terminated seek justice, reinstatement and compensation.
Grounds For Wrongful Termination Claims
Discrimination: It is illegal to fire an employee because of his or her race or color, sex, gender, religion, disability, nationality, pregnancy, sexual orientation or marital status.
Retaliation: An employer may not terminate your employment for filing a discrimination claim, a workers’ compensation claim, a sexual harassment claim or for refusing to submit to sexual advances. It is also illegal for an employer to fire an employee for refusing to participate in illegal activities or reporting the illegal actions of the employer, which is called whistleblowing.
Breach of contract: If you have an employment contract with your employer or a union contract, it may be possible to hold your employer accountable if your termination violated its terms.
Constructive termination: When an employer makes working conditions so intolerable that an employee had no choice but to resign, grounds for a wrongful termination claim may exist. This may be the case in a workplace that fosters sexual harassment, for example.
Wrongful termination claims are difficult to prove in California, and if you believe that you have been wrongfully terminated, it is important that you contact an experienced lawyer as soon as possible. At North Bay Law Group, our team is passionate about protecting the labor rights of residents of northern California. If it is possible to hold your employer accountable for illegal action, we will make it happen and we will make the employer pay.