"You're Fired!"

Have you been fired from your job? Was your termination in good faith, or was it wrongful? Are you unsure? Does it matter? Does your employment agreement contain an “at-will” clause?Does this mean that your employer can fire you for any reason?

"At-will” Employment
ALG receives numerous case submissions on this area of law. Almost every single one indicates that there is a general misunderstanding of the “at-will” clause found in many employment agreements, both on the employer and employee side. Many recently terminated workers who believe their termination was in bad faith do not even consider pursuing a wrongful termination suit because their employment was “at-will”, which, in general, provide that the employer may terminate the employment relationship at any time, with or without cause, and with or without notice.

Employers and employees, often mistakenly believe that an “at-will” clause permits employers to fire employees for any reason. This simply is not true. Under California law, no employer can terminate an employee for an illegal reason, and if they do, the law provides remedies. Some examples of illegal reasons include terminating someone on account of their race, gender, marital status, sexual orientation, disability, religion, and other protected classes. The same rationale applies for so-called 90 day probationary periods.

For employees, if you would like to submit your specific fact pattern for a free, no obligation review, please visit: http://www.adishianlaw.com/index.php/wrongful-termination.

For employers, if you have concerns about your termination process, we encourage you to take advantage our free, no obligation consultation to learn about potential legal exposure and practical steps to handling inevitable terminations, legally.

The information contained is not legal advice and does not establish an attorney-client relationship. Our contact information is included and we always offer a free consultation. For more information about this topic and/or other areas of CORPORATE and EMPLOYMENT law, please visit www.AdishianLaw.com, contact us via email to askalg@adishianlaw.com or call us at 415.955.0888 or 310.726.0888. ALG intern Jonathan Tam contributed to this article. Copyright Adishian Law Group 2005.