Most California Employees Are “At-Will” Employees Like the majority of other states, California is an “at-will” employment state and most California employees are “at-will”. This means that employers do not need to provide justification for their decision to terminate employment and employees are free to leave their job at any time. “At-Will” Employment Is Not an Excuse for Unlawful Termination Employers cannot break anti-discrimination laws or retaliate against an “at-will” employee for asserting their legal rights. Employees who are fired for discriminatory reasons, for exercising their legal rights, or in violation of an employment contract may have a wrongful termination claim. Under the California Fair Employment and Housing Act, there are clearly defined situations where an employer may have illegally terminated employment. Termination on the basis of any of the following would be considered unlawful: Age discrimination Criminal conviction discrimination Disability discrimination Ethnicity discrimination Family responsibility discrimination Gender/sex discrimination Hostile work environment Medical condition discrimination Military status discrimination National origin discrimination Pregnancy discrimination Race discrimination Religious discrimination Sex-stereotyping discrimination Sexual harassment Sexual Orientation Discrimination Transgender discrimination Political affiliation Constructive termination – hostile work environment Retaliation for workplace health and safety complaints Retaliation for complaining about unpaid wages or overtime Retaliation for reporting Labor Code violations, such as failure to provide meal or rest breaks Retaliation against health care workers for reporting patient safety concerns OSHA retaliation Contractual Agreements Even though most employment agreements are presumed to be “at-will”, some employment arrangements are clearly defined within a contract. The contract will spell out the terms of employment such as duration of employment and the protection from termination “without cause”. This means that an employer cannot fire an employee without a good reason. This is different than “at-will” employment, which allows an employer to fire an employee for any legal reason, whether it’s a good reason or not. Having a contract may provide grounds to file a claim but it does not guarantee that the employee will win their case. If an employee has either a written on implied contract with an employer and is terminated before the end of the agreed-upon time, they have the right to seek compensation for their losses based on a wrongful termination or breach of contract. If an employer breaks an employment contract, an employee is entitled to what they should have received under its terms.