No. California is an “at-will” employment state, meaning that your employer can fire you at any time, for any reason they choose. They also don’t have to give you a reason why you’ve been fired. By the same token, you can quit your job at any time, for any reason under California’s at-will employment law.
Most of the time, getting fired is a frustrating experience. Not only does it throw your life into short-term turmoil, it also affects your family and your ability to provide for them. If getting fired wasn’t bad enough, because of California’s “at-will” employment laws, your employer does not even have to give you a reason why they fired you. But as you will see, the reason you were fired could make all the difference in whether you’re able to get short-term benefits like unemployment or even file a lawsuit against your employer.
Aid From Experienced California Employment Lawyers
Attorney Martin Gasparian founded his firm, Maison Law, with the purpose of standing up for individuals who have been hurt by the decisions of other people. This includes your employer, when they decide to fire you without giving you a reason.
Our team of experienced, compassionate California employment lawyers can help you through this difficult situation. To find out more about our firm and our proven track record of success, contact us today for a free consultation.
What Does At-Will Employment Mean in California?
Like a host of others, California is an “at-will” employment state. Under the law, employment in California can be terminated “at the will” of either you or your employer at any time. This means that you can be fired at any time, and your employer does not have to give you a reason. It also means that you can leave your job at any time you wish, without providing a reason.
While your employer doesn’t have to give you a reason, their legal protection ends at the point they decide to fire you for a discriminatory or retaliatory reason. In legal terms, this is known as “wrongful termination.”
California’s Fair Employment and Housing Act (FEHA) supersedes the “at-will” employment laws, meaning your employer will have broken the law if they fire you based on one of the following characteristics you have,
- Race
- Color
- Religion
- Age
- Gender identity, gender expression
- Sexual orientation
- Pregnancy
- Marital status
- Medical Condition
- Military or veteran status
- National origin
- Ancestry
- Disability
- Genetic information
- Request for family care leave
- Request for leave for an employee’s own serious health condition
- Request for Pregnancy Disability Leave
- Retaliation for reporting patient abuse
Similarly, your employer can’t fire you in retaliation for engaging in a protected activity in the workplace, like complaining about harassment or reporting violations of policy or law. Some of the more common forms of retaliation include:
- Being fired
- Being demoted
- Being denied a promotion
- Being sexually harassed
- Being excluded from meetings, training or other activities available to other employees
- Being given undesirable work assignments or schedules
- Having your pay or hours reduced
- Being written-up for unwarranted reasons
- Receiving negative performance reviews
Obviously, being fired, no matter the reason, is extremely demoralizing. Your employer will likely try to claim that California’s at-will employment law means they don’t have to give you a reason for firing you. While that’s technically true, if you suspect you’ve been wrongfully terminated, it’s extremely important to gather any evidence you have of that for a potential claim.
If My Employer Gives Me a Reason For Firing Me, Can It Impact a Wrongful Termination Claim?
Even though they’re not legally required to do so, your employer will most likely provide a reason why they’re firing you. They do this for any number of reasons, usually including:
- Maintaining a positive public image
- Keeping track of turnover rates and changes
- Preparing to defend an unemployment claim
- Anticipation of a wrongful termination lawsuit
When your employer fires you without giving you a reason, it will likely draw suspicion. This is especially true if you have a history of standing up for yourself or others in the workplace regarding discrimination or other illegal activities. Often in these situations, if you are given a reason for your firing, it will be for some nebulous reason like “poor performance” or “restructuring”. These reasons are almost always “pretextual”, or simply a placeholder for the real reason you’re being fired.
Again, if you feel that you’ve been terminated for pretextual reasons, it will help to have proof. As such, make sure to keep track of any of the following evidence:
- Statements, recordings, or emails that show your employer’s real reason for firing you.
- Job postings made after you’ve been let go or laid off for “lack of work”.
- Results from investigations or evidence that shows the company didn’t follow policy when they conducted their “investigation” into your complaints.
- Performance reviews or time sheets that show your performance or attendance was not an issue.
Another factor that comes into play in these situations is known as “temporal proximity.” This is a legal term that describes two events happening close to each other. For example, if you were consistently making complaints about discriminaton in the workplace, and you were fired very soon after that with no reason given, it would raise suspicions of your termination being retaliatory.
Do I Have Any Legal Recourse As An “At-Will” Employee?
Yes, your at-will status has no bearing on legal action you can take if you’ve been wrongfully terminated by your employer. Working with our lawyers can help you determine if you have a viable claim for damages. In a wrongful termination lawsuit, you can potentially recover the following:
- Lost wages
- Loss of benefits
- Damages related to pain and suffering
- Emotional distress damages
A lawsuit has many practical outcomes, but probably the biggest (aside from compensation) is that it will hold your employer accountable for their illegal actions and order them to make changes in how they run their workplace.
Don’t Be Fooled By California’s At-Will Employment Law. Contact Us Today
Being fired is never easy, and when you’re fired without a reason, it can leave you feeling scared and confused. Maison Law and their team of experienced, dedicated California employment lawyers know how difficult this time can be for you and your family. We can help you understand your legal options and help you determine the best path forward for you. To get started with a free consultation, contact us today.
