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 essential that you identify what type of employment arrangement you are involved in. Usually, 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?
Regarding terminating a California employee, discrimination is the most common illegal reason. An employer may not fire an employee just because they are of a specific race, religion, gender, or nationality. An employer in Morgan Hill also cannot fire at-will employees in retaliation for the employee filing a claim for discrimination or initiating an investigation of discrimination against the employer.
Additionally, under the Family and Medical Leave Act, employers may not terminate employees who have taken leave for family reasons or medical treatment. Finally, an employer may not terminate an employee for refusing to do something illegal, for exercising a legal right, or performing a legal obligation.
Do I Need a California Attorney for My Wrongful Termination Case?
Morgan Hill, California lawyers are knowledgeable and can inform you properly as to whether a wrongful termination has occurred. They will also be able to help you gather the proper information and documents, and will guide you through any unique or special procedures.