“At-will” employment is a common model for employment agreements, but many people are unclear on what it means. Many people think this means that you can be fired for no reason, and this can lead to confusion and frustration from employees and sometimes illegal termination for employers. At Elite Employment Law our Orange County wrongful termination attorney is committed to protecting your rights when it comes to at-will employment laws.
What Does “At-Will” Employment Mean?
The most basic understanding of “At-will” employment refers to the ability to end the relationship at the will of either party with notice to the other person. This is outlined in Article 4 of the Labor Code and aims to protect employers and employees from being stuck in an exploitative or otherwise damaging relationship. However, this does not operate without exception.
Exceptions to “At-Will” Employment
When discussing at-will employment, Key pieces of language are ‘specified’ or ‘appointed’ terms. This qualifier means that if you have signed a contract, both parties are still responsible for fulfilling those terms. Some employment contracts will provide clauses that allow early termination under certain conditions, so it is critical to refer to that if you have questions about legal ways that either party may choose to end the relationship.
Additionally, this does not apply to illegal practices that include termination related to retaliation or discrimination. According to the California Department of Industrial Relations, it is illegal to terminate a position or impose adverse employment action, based on the below conditions or circumstances:
- Lawful conduct occurring during nonworking hours and away from the employer’s property
- In retaliation for filing a claim or complaint through the Labor Commissioner
- Taking time off to serve on a jury after providing adequate notice
- Taking time to appear in court after being the victim of a crime or in compliance with a subpoena or court order
- Victims of domestic violence, sexual violence, and stalking who take time from work to attempt to obtain relief that will help ensure the health, safety, or well-being of themselves or their children
- Being a parent or needing to take allowed time off work to join school activities, meetings, or care for your children
- Discussing wages or working conditions
- Using PTO, FMLA, PDL, or sick days
- Factors involving race, sex, age (Above 40), sexual orientation, disability, health status, or marital status
This is not an exhaustive list, but put simply, your employer cannot terminate your position for your involvement in protected groups, legal activities beyond work, or utilizing benefits that are made available to you.
Red Flags for Wrongful Termination from At-Will Employment
If you are facing adverse employment action or even termination for an illegal reason, it can be difficult to present evidence to support your concerns. However, some things that can be a red flag include a termination following some kind of leave, disagreement, or complaint. This may be further supported if you have had recent positive performance reviews or notices from leadership.
You may also consider if other members of a protected class were dismissed unexpectedly. Some employers will operate with strategies known as constructive discharge or working or coaching the employee out. This may include making the working environment intolerable to encourage them to leave and may also be considered illegal.