Employee Rights – Wrongful Termination
In California, employment is presumed to be “at-will.” Employment “at-will” generally means that an employee can resign when they want, with or without notice and that an employee can be terminated with or without notice and for any reason, or no reason at all, as long as it is not an illegal reason.
There are four situations that give rise to most wrongful termination claims: (1) where termination is prohibited by a statute or the constitution, (2) where the employer fires the employee for exercising a constitutional or statutory right, (3) where the employer fires the employee for the employee’s refusal to violate a law where a fundamental public policy is involved, and (4) as retaliation for “whistleblowing” (for example, where the employee reports illegal or unsafe activities by the employer or others to a government or law enforcement agency). Each situation requires a detailed analysis of the facts to determine whether you have a valid claim for wrongful termination.
If you are an employer seeking to reduce the risk of liability and cost of potential litigation by obtaining legal advice from a competent attorney familiar with employment law, give us a call and we will be glad to be of assistance.