Employment in California is entered at-will meaning an employer can terminate an employee at any time, with or without cause or notice, except for illegal reasons. Likewise, employees have the right to quit their job at any time, for any reason.
However, there are some exceptions and limitations to at-will employment in California. A California employment attorney can help both employers and employees understand how the at-will employment concept works.
Features of At-will Employment Relationships
At-will employment is a term used to describe the employment relationship between an employer and employee in which either party can terminate the relationship at any time for any reason, as long as it is not illegal or discriminatory. This type of employment relationship is the most common in the United States and has several features that distinguish it from other types of employment relationships.
No Guarantee Of Employment
When it comes to at-will employment, there's no guarantee of employment. This means that an employer can terminate the employment relationship at any time, without providing any notice or reason.
Similarly, an employee can quit their job at any time, without providing any notice or reason. This lack of job security is one of the most significant drawbacks of at-will employment.
No Obligation To Give Notice
There's no obligation for either the employer or the employee to give notice when terminating the employment relationship. In other words, both parties can sever the relationship without giving notice. While some employers may have policies or contracts that require employees to provide notice before quitting, they are not legally required.
No Requirement For Cause
At-will employment means that there is no requirement for cause when terminating the employment relationship. This means that an employer can terminate an employee's employment for any reason, as long as it is not illegal or discriminatory.
Likewise, an employee can quit their job for any reason, without providing any justification. This lack of a requirement for cause is one of the primary reasons why at-will employment is so prevalent in the United States.
Limited Legal Protection
Another feature of at-will employment is that there is limited legal protection for employees. Because there is no requirement for cause, an employer can terminate an employee's employment for reasons that may seem unfair or unjust.
Fortunately, there are legal protections for employees, such as protection against discrimination or retaliation. If an employee believes that their termination was discriminatory or retaliatory, they can file a complaint with the Equal Employment Opportunity Commission (EEOC).
Flexibility
At-will employment provides employers and employees with a high degree of flexibility. Employers can quickly adjust their workforce based on changes in demand or business conditions, without the need to provide any notice or justification. Similarly, employees can quickly leave a job that is not a good fit, without worrying about being bound to a long-term employment contract.
California At-will Employment Law
At-will employment is a legal term describing the default employment relationships in California. Under this arrangement, an employer can terminate the employment of an employee at any time for any reason, without any notice, and any liability. Similarly, employees can resign from their jobs at any time, for any reason, without any liability.
According to California employment law, all employees are presumed to be at-will employees, unless there is a written agreement that states otherwise. However, there are some exceptions to this rule. For instance, it's illegal to terminate an employee for reasons that are discriminatory or in retaliation for the employee's protected activities. Protected rights include:
- Filing a complaint or participating in an investigation against the employer for discriminatory practices;
- Reporting unsafe working conditions, or
- Participating in union activities, among others.
Employers cannot terminate employees for reasons that violate public policy, such as refusing to participate in illegal activities or exercising legal rights.
Another exception to at-will employment is when there is an implied contract. An implied contract can be created by an employer's actions, such as promising job security or stating that an employee will only be terminated for cause. In these situations, the employer may be liable for wrongful termination if they do not have just cause for terminating the employee.
The state of California recognizes a covenant of good faith and fair dealing in every employment relationship. This means that employers have a legal obligation to treat their employees fairly and in good faith, including providing employees with a safe and healthy work environment, paying them fairly for their work, and not taking actions that harm them or their careers.
While at-will employment is the default employment relationship in California, employers must be careful when terminating an employee's employment. Terminating an employee for discriminatory reasons, in retaliation for protected activities, or violation of public policy can result in legal action against the employer.
