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. In general, employment that is subject to a set period employment contract is not considered to be "at will", and termination can only happen in accordance with procedures outlined in the contract.
What are the Illegal Grounds for Terminating At Will Employment in California?
The most common illegal ground for terminating a California employee is discrimination. An employer cannot terminate an employee simply for being of a specific race, nationality, religion or gender. Ontario employers are further prohibited from firing at-will employees in order to retaliate against them for filing a legal discrimination claim or initiating an investigation of discrimination.
Additionally, employers are prohibited by the Family and Medical Leave act from firing those employees who take leave in order to address family or medical concerns. Lastly, an employer may not fire 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?
In Ontario, California, a lawyer will be able to notify you about whether you are a victim of wrongful termination, and they will be able to guide you in collecting the necessary documents. Sometimes there can be procedures that are unique, and a lawyer can guide you in these as well.
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