August 30, 2019
In the United States, most employment is considered to be “at-will”. This means that employment can be terminated at any time without cause or notice. Fortunately, in the state of California, limitations have been placed on at-will employment, so that certain employees cannot be terminated without just cause.
Below is a list of employee types that are exempt from at-will employment:
- Contact employees. If you have been hired under a written contract to perform work for a certain amount of time, you cannot be terminated early without just cause.
- Employees who have faced discrimination. If you belong to a legally protected class, you cannot be discriminated against based on that class or your protected characteristics. This extends to the termination. Protected characteristics include race, color, national origin, religion/beliefs, age, disability, sexual orientation, gender identity, marital status, medical conditions, or veteran status.
- Employees who refuse to violate the law. It is your right to refuse to take part in illegal activity in the workplace. If you are terminated for your adherence to legal practices, then your termination was unlawful.
- Employees who have been retaliated against. If you are terminated in retaliation for refusing to break the law or for whistleblowing on your employer, it is illegal for them to terminate you based on that.
Losing employment is stressful and can create a lot of hardship. This is why it is vitally important for California employees to understand their rights. If you have been terminated based on one of the characteristics or situations described above, please call us today. We are dedicated to protecting your rights and seeking the compensation and damages you deserve.