In California, most employees are considered to be “at will” employees. Specifically, California Labor Code Section 2922 states that “An employment, having no specified term, may be terminated at the will of either party on notice to the other. Employment for a specified term means an employment for a period greater than one month.” In other words, an employer can fire an employee without cause, or in the alternative, employees can quit whenever they want. While this may seem like a pretty cut and dry concept, there are situations where an at will termination is improper or unlawful. Exempt Employees Employees may be exempt from at-will employment by agreement. This generally applies to the following categories of employees: (1) Employees with an employment contract that requires some sort of cause to be fired; (2) Union employees, who have some form of collective bargaining agreement that requires “good cause” or “just cause” to fire an employee;…Read More
