What Does At Will Employment Mean?

There’s a lot involved with at will employment. Here’s everything you need to know.

Read on now.

Introduction

The California Labor Law works under the presumption that employees are employed at will. They can apply for a job where they’d like to work and the employer can hire them. And should it not work out once they do, the employer can terminate the employment without having to explain themselves in detail or providing that they were fair in their decision.

At will employment has both its benefits and its limitations. Let’s take a closer look.

What At Will Employment Means

When it comes to employment in California, the relationship between an employer and the employee they hire is known as “at will.” This means that the employer is giving the job to the employee, but that the offer of employment can be terminated at any time and for any reason.

In other words, the employer doesn’t have to cite different things that an employee did or didn’t do in order to justify the termination. They don’t have to give an employee, for instance, 3 strikes of being written up before being let go. The employee doesn’t have to do anything at all and can still be let go.

Here’s the catch – termination may not be based on discrimination, such as on sex, gender, race, religious beliefs, sexual orientation, political beliefs, etc. as well as for requesting time off that they are entitled legally. In fact, the list of why an employee cannot be terminated is quite extensive since there are many federal and state laws put in place to protect individuals from discrimination – and that includes how it relates to employment. A couple of examples of these laws include the California Fair Employment and Housing Act and the National Labor Relations Act (as it relates to unions).

Are there benefits to having at will employment? Perhaps. Just as an employer can terminate an employee without reason, an employee can do the same. They can quit without facing any violation that will interfere with future employment. For those who need to seek a new job quickly, this can be a bonus. Many consider it career freedom.

Exceptions to At Will Employment

As we’ve learned, at will employment means that your employer can terminate your employment at any time. But does that mean all the time? Not so much. There are certain exceptions that do not fall in line with the at will employment rule and can actually open the door for a wrongful termination claim.

So, what are these exceptions? Let’s take a look:

• Implied Contract: This contract may not be a written contract, but it is implied and can still be legally binding. Employees who have been employed for many years or who have been advised by the employer that they will have a job for x amount of time could fight termination based on an implied contract.
• Public policy: This exception is when an employee is let go because they chose not to break a law or violate public policy as encouraged by the employer. This also applies to those employees who report these violations committed by their employer.
• Covenant of Good Faith and Fair Dealing: The employer is not to make irrational, malicious, arbitrary, or bad faith decisions when it comes to terminating employees.
• Fraud and Misrepresentation: One that is recognized but not as common, this exception occurs when the employer made false promises in order to get you to take the position, but didn’t follow through – and caused you to suffer damages. For instance, giving up a job with promises that this new one would compensate you better or even moving locations and uprooting your family for a job that didn’t live up to what the employer promised.

Believe it or not, it is not uncommon for more than one at will employment exception to apply to a case of wrongful termination. This means you can often have multiple points of reference should the employer try to say your claim doesn’t apply. And if you are someone who resigns due to unpleasant work conditions that you felt were put in place to force you out, you may still have a claim. Let’s take a look at what you can do.

Wrongful Termination of At Will Employment

If you feel as though you have been wrongfully terminated, then you have a few steps you can take. First, you will want to gather all the documents you can that support your claim. Then, you can take them to human resources – or the designated individuals – in your company and present your case. This will let them know that you feel as though you were wrongfully terminated and give them an opportunity to research the claim and potentially correct it before the situation escalates.

Sometimes, going straight to the employer isn’t effective – or isn’t an option at all. In this case, you could move forward and file a claim with the Equal Employment Opportunity Commission (EEOC) or the Department of Fair Employment and Housing (DFEH). The employer will be notified when they have opened an investigation. Keep in mind that this can take time and the outcome is not always what one may be hoping for.

Your best option when you feel as though you have been wrongfully terminated is to hire an experienced employment lawyer. They will help you get the justice you need by utilizing various legal strategies – even filing a civil lawsuit against the employer. Keep in mind that this is a very complex process and something you never want to consider doing alone.

Closing Thoughts

It is common for employees to believe that they have a job until they do something wrong, but that just isn’t the case in California. As an at will employment state, the employer can terminate the employee’s position at any time, for any legal reason. Unfortunately, not all employers follow the law as closely as they should and it can lead to claims of wrongful termination.

Employees have rights and wrongful termination is more common than you think. Attorneys work to help prove these situations and preserve the rights of employees. So, if you believe that at will employment has been wrongfully terminated, contact an employment lawyer today and fight for your rights.