Is California an At-Will State?

What You Need to Know About California Termination Laws

Many people assume that in California you cannot be fired unless your employer has just cause. The truth is that California is an “at-will” state, meaning that an employer has the right to terminate an employee at any time without cause. While there are exceptions, it is important to understand how at-will employment works and your rights under the law.

At Levin & Nalbandyan we represent people who have been wrongfully terminated from their employment in Los Angeles. We fight for workers who have been unlawfully fired or lost their jobs due to fraud or discrimination. If you were illegally terminated from your job, contact our office at (213) 232-4848  for a free, no-obligation consultation. 

What Does At-Will Employment Mean?

At-will employment allows either the employer or the employee to end the working relationship at any time and for almost any reason. This means that an employer does not need to justify the termination with evidence of poor performance or misconduct. Similarly, an employee is free to resign without notice or explanation. However, this freedom does not extend to terminations that violate the law, such as those based on discrimination or retaliation. Understanding this distinction is key to knowing when a firing may cross into wrongful termination.

What is the California Law Regarding At-Will Employment?

According to Section 2922 of the California Labor Code, employment “may be terminated at the will of either party.” Under this law, an employee or employer can terminate employment at any time and for any reason.

The code specifies, however, that it applies to employment with no specified term. A specified term is defined as employment for at least one month. 

The vast majority of jobs are presumed to fall under at-will employment. Additionally, many employers now directly specify it in their employment contracts. 

What Are the Exceptions to At-Will Employment?

There are limited exceptions to the general rule of at-will employment in California. For instance, it could be stated in your employment contract or could be agreed upon between you and your employer.

Agreement Between the Parties (Implied Contract)

Even if nothing is in writing, an implied contract can exist based on an employer’s promises or established practices. For example, assurances of long-term employment or consistent disciplinary procedures may create an expectation that termination will only occur for cause.

Employment Contracts Requiring Good Cause

Some contracts explicitly state that an employee may only be terminated for “good cause.” This means the employer must have a legitimate reason, such as misconduct or poor performance, before ending the employment relationship.

Violation of Public Policy

Employers cannot fire employees for reasons that violate public policy. This includes terminating someone for refusing to break the law, exercising legal rights like filing a workers’ compensation claim, or reporting illegal activities.

Covenant of Good Faith and Fair Dealing

California courts have recognized that every employment relationship carries an implied covenant of good faith. This prevents employers from acting in bad faith, such as firing an employee to avoid paying earned commissions, bonuses, or retirement benefits.

Unlawful Purposes (Discrimination or Retaliation)

State and federal laws prohibit termination based on protected categories such as race, gender, age, religion, or disability. Likewise, retaliation against employees for reporting harassment, unsafe conditions, or wage violations is unlawful.

Whether you had an agreement with your employer that you could only be fired for good cause or you were the subject of discrimination, you should always speak to an attorney about unlawful termination. Depending on the circumstances, you might be entitled to compensation.

When Should I Hire an Attorney?

Without the help of an attorney, you may not receive the recovery you deserve if you were unlawfully terminated. An employment law attorney can help you understand your rights and determine the best course of legal action to ensure that you get a fair outcome in your case.

It is important to act quickly, as you may only have a limited amount of time to file a lawsuit against your employer for wrongful termination. At Levin & Nalbandyan, we understand how difficult it can be to come forward. We are here to help. 

Wrongfully Terminated? Contact Our Office for a Free Consultation.

Were you wrongfully terminated from your job in Los Angeles? Contact our office at (213) 232-4848  to schedule a free, no-obligation consultation. All wrongful termination case evaluations are confidential. Call our office now to speak directly with an attorney about your case. 

If you were illegally fired from your position you might be able to collect compensation. Unlawful termination is widespread and should be stopped. Get the dedicated advocacy you need to get the results you deserve.