WOODLAND HILLS EMPLOYEES WRONGFULLY TERMINATED MUST FACE AT-WILL EMPLOYMENT LIMITATIONS
March 24, 2009
Los Angeles and all of California, are seeing the same changes in the economy that is seen across the country. Unemployment is up, which means people are losing their jobs.
When you lose your job, it is only natural to think that your employer has done something wrong. They have made a mistake and should not have fired you. The next step is considering whether you have legal recourse against your employer for wrongful termination.
The first thing you must understand is that California is an “at-will” state. That is, absent a written contract stating otherwise, you have your job at the will of your employer. Your employer may fire you at any time. They may or may not have a reason for firing you. They do not need to have a reason. If they have a reason, almost any reason is fine.
We often get calls from people who were fired where they feel it was not just. They were doing a better job than other people that were not fired and they think they were fired because one person who is messing up the company just did not like them. It was a bad business decision. The reality is, under California at-will law, a company is allowed to make bad business decisions and can fire you when doing so will hurt the company.
What your employer cannot do, is fire you if you have an employment contract that states they can only fire you for limited specific reasons. Your employer cannot fire you based on your age, race, sex, religion, national origin, or disability. Your employer cannot fire you because you reported some type of wrong-doing in which your employer was engaged.
The economy is impacting everyone. Now is a good time to have a job. Keep in mind that you may be an at-will employee which should have some impact on your behavior and performance in the workplace. If you have a conflict, and you are thinking you cannot be fired because you are such an asset to your company, you would be well served to know if you are an at-will employee.