Exceptions to California At-Will Employment

California is one of many states that has an at-will employment policy, which means that employees can leave a job for any reason and employers can terminate employment at any time. However, there are exceptions to the at-will employment rule when employers are not allowed to terminate their employees for certain reasons. If you believe that you have been wrongfully terminated by your employer you may have a case for compensation. To learn more, talk to an experienced California employment law attorney today.

Implied Contracts

An implied contract is one that is not memorialized in writing but is an oral agreement between an employee and employer. Generally speaking, an implied contract exists when these parties agree to certain terms like the length of an employment contract or that termination can only occur for good cause. An implied contract is usually proven by the actions and conduct of an employer and employee prior to the termination.

Implied Covenants

Another exception to at-will employment is because of an implied covenant of good faith and fair dealing. This exception applies regardless of whether an employment contract is express or implied and occurs when an employer acts in bad faith to deprive an employee of the benefits of an employment agreement. Common examples include lying about the reason for firing an employee or terminating a worker in violation of their own personnel policies.

Public Policy

This exception states that an employer cannot terminate the employment of a worker if it violates state public policy. If an employer fires a worker because they refuse to break the law, perform a legal obligation like reporting a violation, or exercise their legal rights, the employee may have a claim against their employer for a violation of public policy. State and federal laws also protect workers from being terminated under whistleblower protections, for political speech, for participating in workplace investigations, and qui tam retaliation, among other public policy reasons.

Fraud or Misrepresentation

The final exception to at-will employment laws in California is when fraud or misrepresentation is involved in the employment agreement. Generally, this occurs when an employer knowingly misrepresents facts about the job to the employee, the employee relies on those misrepresentations, and the employer ultimately terminates the employee in order to avoid fulfilling the misrepresented promises. It is important to note that in order to file a claim for fraud or misrepresentation, an employee must be able to prove that they suffered damages as a result of that fraud or misrepresentation. To learn more about the exceptions to at-will employment, talk to a lawyer today.

Call or Contact a Lawyer Today

Exceptions to at-will employment in California do exist, and there are times when an employer is not allowed to fire an employee. If you believe that your rights have been violated as a worker either because of wrongful termination or another reason, an experienced employment law attorney may be able to help. Call or contact an attorney in your area today to learn more about your legal options.