Wrongful termination occurs when an employer fires a worker for unlawful reasons. Common unlawful reasons for unlawful termination includes firing employees for discriminatory reasons based on age, disability or pregnancy. Employees may be able to sue former employers for wrongful termination in California.
An immediate termination is permissible under certain circumstances, such as: A Violation of Policies: An employer may lay off or terminate an employee without notice for violating company policies, displaying workplace misconduct, or for another justifiable reason.
The short answer is, yes, an employee can be fired suddenly without any written warning in California. This is because California is considered an at-will employment state.
Regardless of what your grounds are, notice is required to terminate any contract. Typically, this notice will come in the form of a written document that clearly explains your decision to terminate the contract, why you wish to do so, and on what grounds.
Legal Requirements for Written Notice While employers are not required to provide advance notice before terminating an employee, California law mandates that employers provide immediate written notice of the termination once it occurs.
Under Labor Code Section 202, when an employee not having a written contact for a definite period quits his or her employment and gives 72 hours prior notice of his or her intention to quit, and quits on the day given in the notice, the employee is entitled to his or her wages at the time of quitting.
Employment in California is largely governed by a legal doctrine known as “at-will employment.” If you're wondering whether you can be fired without warning in California, the answer is yes.
The best way to end a contract early is to speak with the party you're in contract with. Simple negotiation is often all it takes to reach a favorable resolution. If they don't agree to ending the contract early, consider getting a lawyer to help you determine your next best step.