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Do I Have a Wrongful Termination Case in California?
Wrongful termination is one of the most misunderstood legal concepts of employment law. It is not uncommon for employees across industries to assume they must make a serious mistake, break the law, or violate a company policy to qualify for termination. It is an equally common belief that at-will employment laws give employers excessive latitude to fire employees whenever they like for any reason or no reason at all.
The reality is that in California and most other states, employers and employees function on an “at-will” basis. This means both the employer and employee have the right to terminate an employment agreement at any time, with or without a reason, and with or without prior notice.
“At Will” Employment Agreements in California
While the at will employment system may sound like it gives employers the unfair advantage of having the ability to fire an employee at any time for little reason or no reason at all, in actuality, this is much more complex. In fact, firing employees “at will” is not usually in an employer’s best interests. Recruiting, interviewing, hiring, training, and firing all incur operating costs. A high turnover rate can easily deter exceptionally talented applicants from applying to a company. It is typically in a company’s best interests to invest in their employees and keep them onboard for as long as possible while helping to expand their professional skills.
Similarly, it is not in an employee’s best interests to simply quit a job without a good reason and without providing advance notice. This is an unattractive pattern for prospective employers, and most companies will not want to hire an applicant that has a history of leaving jobs with no notice and no reason. Ultimately, the at-will employment system exists to provide flexibility to both employers and employees, granting the former the ability to run their companies as they see fit and make changes when necessary as quickly as possible, granting the latter the ability to leave a job without facing an inordinate amount of red tape.
The at-will employment system may seem unbalanced, and it grants employers the ability to fire employees whenever they like. However, it does not grant them carte blanche to fire
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“I am happy with the results ! If you want a Lawyer that goes that extra mile ...Omid Nosrati is the Lawyer your looking for ... Thank you Law office of Omid Nosrati!”- Rolando S.
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“They had excellent communication skills, had great attention to my case, responded quickly, attentive and kept me updated at all times during the long process.”- Former Client
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“Not only was he able to defend me from wrongful termination, his calm and empathetic demeanor offered emotional succor to myself and those I care about most.”- Former Client
