In California, understanding your employment rights is essential, especially regarding termination. California is an “at-will” employment state, which means that employers can terminate employees without needing a specific cause or proof.
Gather evidence—collect any documentation, emails, performance evaluations, or other relevant records supporting your wrongful termination claim. Consult with an employment attorney—schedule a consultation with an experienced employment attorney specializing in California wrongful termination cases.
California Is an “At-Will” State California obeys “at-will” employment laws. This means that all employers have the right to terminate employees at will, for almost any reason, or for no reason at all.
Unless you have a contract that specifically states you can only be terminated for cause or are part of a union, you are otherwise usually considered an at-will employee. Generally speaking, as an at-will employee, your employer can legally terminate your employment at any time, for almost any reason, or for no reason.
In Alberta, termination “without cause” generally refers to situations where an employee is let go due to reasons unrelated to misconduct, such as business restructuring or downsizing. On the other hand, termination “for cause” occurs when an employee is dismissed due to serious misconduct such as theft or harassment.
California wrongful termination occurs when a person has been fired or laid off while exercising their legal work rights and duties, or acting in obligation to public safety. This happens when an employee is fired by an employer while refusing to violate a statute or performing a work requirement.
Two basic types of evidence can help prove wrongful termination: direct evidence and circumstantial evidence. Direct evidence is any documentation that provides clear proof that you were fired illegally. It's straightforward and requires no additional evidence to show that your employer broke the law.
Ensure Proper Grounds for Termination Common grounds for this sort of action include a breach of the contract terms, changes in business circumstances, or non-performance of the breaching party. Be sure that the grounds for termination are legally sound and appropriately documented.