Wrongful Termination in an “At-will” Employment
By: Adriane Lauren Luna,

Generally, business establishments in Los Angeles, California practice the “At-Will” Employment policy. This means that one person can work for another for an indefinite period without signing any employment contract.

Without a contract, which would bide them, it is very hard to interpret and understand the conditions of one’s employment. In this setup, the employer has the prerogative of firing or terminating his employees at almost any time and at any cause. In the same vein, employees may leave the company at any time he desires without giving any valid explanation.

But this does not mean that employers can abuse the rights of the employees and that employees can abandon their jobs to the prejudice of their employers. The abuse of the employer’s power to hire and fire normally leads to Wrongful Termination.

Only few people, particularly here in California, know a thing or two about Wrongful Termination. The termination is considered wrongful when an employer lay-offs an employee in violation of the contract. Nevertheless, absence of a written contract does not preclude the court from ruling unlawful termination. But because California is considered as an “at-will” state, the presumption lies on at-will employment and not on contractual service. Yet the rule is not absolute. The policy also has exceptions. They are:

1. Unlawful Discrimination – employers are prohibited by law to dismiss employees because of their race, color, age or sex. This right is protected by the American Discrimination Act (ADA) of 1990.

2. Retaliatory Discharge – the boss cannot fire his employee simply because the latter has filed a grievance complaint or case against the former (whistle blowing); or even because he filed a leave or a claim for workers compensation. Employees are protected by law from this illegal practice.

3. Implied Employment Contract – if the employer promises continuous employment to the employee as long as he gets his job done perfectly and immediately, then the employer cannot simply fire his employee for flimsy reasons. There already exists a contract between the boss and his worker. This contract is not an express one but an implied and an unwritten one as a result of the promise given by him

4. Acts against public policy – such as sexual harassment and other illicit acts

Under these exceptions, there exists no valid and lawful reason for terminating an employee. Such instances would subject the employer to legal consequences.

How do we prevent Wrongful Termination?

• Know your Labor Laws. It never hurts to study laws concerning your employment. In fact, you will find it beneficial.

• Perform your job diligently and in a determined manner. Your boss would not want to lose a good employee.

• Be good to your boss and co-employees. Try to earn their respect.

• Kindly ask your boss if he could draft a written formal contract stating the terms of your employment.

• If you feel that you or a loved one have been wrongfully terminated, then you will need to avail the services of a good Los Angeles Wrongful Termination Lawyer who could defend you from the oppression and discrimination of your former boss

If you need assistance in employment issue such as wrongful termination, you can consult with our experienced wrongful termination lawyers. You can visit our website to avail of our free case analysis.

 

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