Exceptions to Employment-at-Will in California

If you work in California, you are likely familiar with the concept of employment at will. This principle allows anyone to quit or be fired at any time and for any reason. Well, any legal reason. You may think that this principle is iron-clad, but there are quite a few exceptions. If you have found yourself fired, it is important to take a minute to see if any of these exceptions apply to determine whether you have the option of taking legal action against your employer to recover damages for the harm that you suffered as a result of being terminated from your position of employment. 

Employment-at-Will Exceptions

• • Illegal termination based on a protected status. First of all, your employer cannot fire you for any discriminatory reason. For example, if your employer fires you after you refuse to go out on a date with them, this would likely not be considered a legal termination. Instead, with sufficient evidence, this could be shown to be a discriminatory firing, based on your sex, gender, or sexuality, depending on the circumstances. Likewise, if you have been subjected to ongoing harassment by your employer related to a protected status such as your race, religion, national origin, ethnicity, gender identity, or sexual orientation, prior to being fired, you may be able to show that the firing was based on your protected status, which would make the termination illegal and entitle you to compensation. 
  • Contract workers. Employment-at-will does not apply when you and your employer have entered into a contract that specifies that you will work together for a period of time, such as six months. Such a contract may include some valid reasons for terminating the contract, however, if these criteria are not meant, terminating a contractor prior to the completion of the contract will constitute a breach and the contractor will be entitled to damages as specified by the contract or determined by the court. 
  • Public sector employees who are protected by civil service laws or have a memorandum of understanding with their employer. This memorandum will address termination and may prevent an employer from firing an employee without taking specific steps first, such as instituting a performance action plan.
  • Union employees who have a “just cause” requirement for termination. This negates employment at will, meaning that employers cannot terminate an employee at any time and for any reason, instead requiring that they be able to demonstrate just cause for doing so. 

• Executives with “good cause” termination requirements included in their contracts.
• Employees who have been told by their employers that they would not be let go, and relied on that statement in good faith. In some cases, an employer’s words and actions can supersede employment-at-will, however, this is unlikely to be upheld or enforced by courts. 

Talk to a California Employment Lawyer Today If you have been wrongfully terminated by your California employer, the time to take action is now. Contact a California employment attorney who can review the facts of your case and determine whether you have a case against your former employer.