At Will Employment

AT WILL

Almost all employees in California are "at will" employees. With the exception of those few employees with employment contracts and those who are covered by union agreements, we are "at will."   What does it mean to be an employee "at will?"  I like to say that an at will employees can be hired or fired for any reason or no reason, as long as it isn't the "wrong" reason. 

ANY REASON OR NO REASON

The one idea that is consistently difficult for the California employees to accept is that an at will employee can be subject to unfair, arbitrary, and capricious treatment by the employer.  For example I have spoken with many employees who were accused of stealing from their employer.  In some cases the employee had proof that other employees were the culprits and yet the true culprits were not fired and the innocent employee is fired.  This is not an unlawful or "wrongful" termination.  The same concept applies if the employer fires an employee because they don't like the employee's personality, looks, or clothes.  The law gives employers leeway to hire and fire whomever the employer feels will do the best job.  Even if the person who will actually do the best job is someone the employer just fired. 


THE WRONG REASON

The California employee cannot, however, be fired, demoted, or etc. for the "wrong" reason.  In general terms the "wrong" reason is either because of (1) some unchangeable characteristic that is protected under the law; age over 40, race, sex, religion, national origin, and sexual orientation; or (2) because the employee engaged in some protected activity like filing a claim for workers compensation or complaining about an unsafe or unlawful working condition, AKA whistle blowing.  These are just some examples of protected activities.  If the employer takes action against an employee and it is because of either of these two reasons, the employer's action may be illegal.  If you believe that your employer has taken unlawful action against you, call Gienapp Law, APC at (619) 234-3054 for a free consultation.  You can visit our web site here.