In California, most employment is considered "at will". This type of employment follows the principle that either the employer or the employee may terminate the relationship at any time, for any reason. The only basic exception in "at-will" employment arrangements is that the termination may not be done for reasons which violate the law.
Employment that does not fall into the category of "at will" is not subject to the same restrictions. Therefore, it is crucial that you identify what type of employment arrangement you are involved in. Typically, if your employment arrangement was for a set term, it is not "at will", and the employment can only be terminated according to procedure contained in the contract.
What are the Illegal Grounds for Terminating At Will Employment in California?
In the state of California, employee discrimination is the most common illegal ground for termination in an at-will employment. Employers are prohibited from terminating their employees on the basis of race, gender, religion, or nationality. A Foster City employer also is prohibited from terminating at-will employees as a method of retaliation if the worker has sought an investigation into discrimination or has filed a legal claim for discrimination against the employer.
Additionally, the Family and Medical Leave act makes it illegal for employers to terminate any of their employees who have taken leave based upon family or medical needs. Finally, employers may not fire workers who exercise their legal rights, perform a legal obligation, or refuse to commit an illegal act.
Do I Need a California Attorney for My Wrongful Termination Case?
A local Foster City, California attorney can better inform you about whether a wrongful termination has occurred, and will also help in gathering the appropriate documents for your case. There may also be unique procedures that an attorney can shepherd you through.
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