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At Will Employment and Wrongful Terminations

Most workers are employed "at will." Simply put, an employer may fire its employees for any any reason (or for no reason) at any time. However, there are several exceptions to the doctrine of "at will" employment that exists in California. The most common exceptions are as follows:

Discrimination

Whistleblowing

Employment Contracts

Retaliation for complaints about an unsafe work environment, harassment, or discrimination

Public Policy Violations (employer condones illegal activity)

Privacy Invasions

Military service

Family and medical leave

By reading below, you will learn more about "wrongful terminations" such as these.

Wrongful Termination of Employment and Public Policy Violations

Not all unfair or unjustified terminations or suspensions are “wrongful terminations” that can be sued over. Only decisions to fire an employee that violate “public policy” may be challenged in court. The most common wrongful terminations that violate public policies are those employment decisions that follow an employee’s opposition to (or protest against) unlawful activities of his employer or supervisor. Employees that are fired for their whistleblowing may sue their employers for wrongful terminations in violation of public policy. Examples of wrongful terminations include employees fired for objecting to violence, sexual harassment or discrimination, fraud, dangerous conditions and health and safety problems.

Retaliation

Certain forms of retaliation at work are illegal. Workplace conduct that is protected from retaliation by law includes complaints of discrimination and harassment and objections to (or refusals to engaged in) illegal activity at work, or complaints for failure to pay wages. When retaliation takes the form of a lay off or firing, it can be challenged in court as a wrongful termination.

Whistleblowers

If you witness wrongdoing on your job, you must choose whether to remain silent or bear witness and speak out. Oftentimes, whistleblowers are fired for their disclosures and can sue for wrongful termination in violation of public policy. Please visit our “public policy” page for further information on this subject.