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. In general, employment that is subject to a set period employment contract is not considered to be "at will", and termination may 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 particular race, nationality, religion or gender. Employers in Palm Desert may also not terminate at-will employees as an act of retaliation if they have filed a legal discrimination claim or initiated an investigation into discrimination.
Additionally, according to the Family and Medical leave, employers are prohibited from firing employees who take leave for family or medical purposes. 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?
Attorneys in Palm Desert, California may be able to inform you as to whether a wrongful termination has occurred, and can assist you in gathering the required documents for your case. There may also be unique or unfamiliar procedures, and an attorney can guide you through these as well.