In California, most employment is considered "at will". This form of employment follows the principle that either the employer or the employee may terminate the relationship at any point, for any reason. The only general 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. Thus, it is critical 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 barred from terminating their employees on the basis of race, gender, religion, or nationality. An employer in Diamond Bar also cannot fire at-will employees in retaliation for the employee filing a claim for discrimination or prompting an investigation of discrimination against the employer.
Furthermore, the Family and Medical leave act prohibits employers from firing employees for having taken leave for family or medical reasons. Lastly, employers are prevented from terminating an employee because they have exercised a legal right, performed a legal obligation, or have refused to do something that is illegal.
Do I Need a California Attorney for My Wrongful Termination Case?
Local Diamond Bar, California lawyers can thoroughly inform you regarding whether a wrongful termination has in fact occurred. They can also help you gather the necessary documents for your case, and can guide you through any procedures that may be unique or unfamiliar.