What Is “At Will” Employment in Los Angeles?

Most employees in the state of California are classified as “at-will” employees. In most cases, an employer is not required to state why they are firing someone. However, understanding “What is ’at will’ employment in Los Angeles?” goes beyond a basic definition. There are specific exceptions and limitations that were specifically designed to protect employees from unlawful instances of wrongful termination.

Exceptions to “At Will” Employment

There are several key exceptions that trump the merit of “at will” employment in California. Some of the most common include:

Discrimination

It is illegal for an employer to terminate an employee based on race, gender, age, religion, disability, sexual orientation, or any other protected characteristic as stated by federal and California law. The Department of Fair Employment and Housing (DFEH) enforces these laws in Los Angeles. The entity provides resources for employees who experience discrimination at work and will be supportive of any cases where an employer has violated this expectation.

Retaliation

Employers are also prohibited from retaliation against any employees who exercise their legal right to point out something unsavory at work they observed, like a workplace safety violation. Examples of retaliation include firing an employee, demoting them to a lesser role, or taking any other adverse employment action in response to the protected activity. This is an attempt by the employer to protect themselves, but it actually sets them up for more legal scrutiny.

Public Policy Violations

Public policy exceptions prevent employers from firing an employee for any reason that violates a public policy. For example, firing an employee who refuses to participate in any illegal activity is illegal, and reporting an employer for unlawful behavior or exercising their right to vote is illegal. These protections are in place to ensure employees are not punished for upholding legal duties.

Implied Contracts

Sometimes, an employer’s words or actions create an implied contract that contradicts the nature of “at will” employment. For example, if an employer verbally assures an employee that they will have employment long-term, this can create an implied contract. In Los Angeles, courts are allowed to consider implied contracts as legally binding if there is evidence to prove they existed in the first place.

How “At Will” Employment Affects Employee’s Rights

California’s “at will” employment policy grants employees flexibility in the workplace while also emphasizing the importance of understanding one’s rights. If you are someone who feels their employer violated one of the exceptions to “at-will” employment, there are a number of steps you can take:

Consult With an Employment Attorney

Employment attorneys are trained professionals at evaluating the circumstances around any employee termination. They know what details to look for when trying to determine if their prospective client has grounds for a claim. Many Los Angeles employment attorneys offer an initial consultation to review the details of a case and discuss what legal options exist.

File a Complaint With the DFEH or EEOC

Employees can file a complaint with either the DFEH or the U.S. Equal Employment Opportunity Commission (EEOC) if there is any suspicion of discrimination or retaliation. These agencies are prepared to start investigating any complaints and may offer to help mediate a resolution or take additional legal action if necessary.

Keep Documentation on Hand

It’s important to document any relevant conversations, promises, or communications with your employer that help support your narrative on what illegal activity occurred. The more you are able to provide evidence that has the illegal behavior spelled out in your own words, like emails or written correspondence, the better of a chance you will have at proving you are a victim of an “at will” employee violation.

FAQs:

What Is an Example of “At Will” Employment?

An example of “at will” employment is when an employer decides to let an employee go due to budget cuts without providing any prior warning. This is a legitimate reason to let someone go because California is an “at will” state. However, if there is evidence to suggest this explanation is to cover up an illegal reason for letting someone go, like discrimination, then this opens up the possibility for the employee affected to pursue legal charges against the employer.

Can You Be Fired Without Warning in California?

Yes, it is possible and completely legal to be fired in California without any warning. This is because in an “at will” state like California, employers do not need to provide any notice or justification to terminate an employee unless a contract states otherwise. However, any employee who believes they were dismissed unlawfully has the right to seek legal action and file a complaint. This will open an investigation to discover the root cause of why you were let go.

How Can an Employer End an “At Will” Employment Relationship?

Employers are able to end an “at will” employment relationship by simply informing their employees of the decision to terminate them. However, if they want to avoid any legal claims challenging the validity of their decision, they may choose to document the reason for termination, like making the connection between their decision and an employee’s consistently poor performance reviews.

Can I Ask for a Reason if I’m Terminated Under “At Will” Employment?

Yes, employees are able to ask for an explanation as to why they were fired. However, just because you ask does not mean you will receive an answer back. Some employers offer a reason to maintain transparency and professionalism, but there is no legal requirement to do so. If you suspect you are a victim of wrongful termination, consult with an employment attorney to see if there is any merit to your gut feeling.

Contact the Law Offices of Reisner & King LLP Today

If you are worried that you may have been fired at work for an illegal reason, consulting with an employment attorney is important to start investigating. At the Law Offices of Reisner & King LLP, we have years of experience and education to help guide our investigation and explore every area possible to see if you have grounds for a wrongful termination case. Contact us today to learn more about how we can help.