WHAT "AT-WILL" EMPLOYMENT MEANS
You’ve probably heard that employment in California is “at will,” and that’s true—California Labor Code section 2922 provides that an employment, having no specified term, may be terminated at the will of either party on notice to the other. An at-will employment may be ended by the employer or the employee at any time without cause, for any reason, as long as notice was given. Notice can be as simple as an employee saying, “I quit,” or an employer saying, “You’re fired.”
ILLEGAL TERMINATIONS
Just because California is an “at-will” state does not mean an employer can fire you for any reason. There are numerous terminations that are still illegal:
DISCRIMINATION
Protected characteristics include race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status
WHISTLEBLOWING
Reporting patient abuse
Reporting or opposing illegal conduct
WORKPLACE ACTIVITIES
Joining a labor union
Pursuing a workers' compensation claims
Refusing to participate in abortion
Pursuing claims with the Labor Commissioner
PROBLEMS AT HOME
Required appearance in school after child is suspended
Visiting child's school
Leave due to domestic violence
POLITICAL AND CIVIC ACTIVITIES
Service as an election officer on election day
Political activity
Serving on jury duty or participating as a witness
CRIMINAL RECORD
Arrest or detention not resulting in a conviction
ACTIVITIES OUTSIDE OF WORK
Military service
Performance of emergency duty as a volunteer firefighter
ILLITERACY
POSTED IN: LEGAL GUIDEFILED UNDER: AT-WILL EMPLOYMENT, WRONGFUL TERMINATION
POST NAVIGATION
1 THOUGHT ON “ILLEGAL TERMINATIONS DESPITE CALIFORNIA’S “AT-WILL” LAW”
Comments