What Is At-Will Employment?

California is an "at-will" employment state. This means that, in general, either the employer or the employee can end the employment relationship at any time, for any reason — or for no reason at all — without legal liability. An employer can fire an employee without warning, and an employee can quit without notice.

The General Rule

Under California Labor Code Section 2922, an employment relationship with no specified term is presumed to be at-will. This presumption applies to most employees in California unless there is a written contract, collective bargaining agreement, or other agreement that specifies the terms of employment.

Key Exceptions to At-Will Employment

While at-will employment is the default rule in California, there are important exceptions that protect employees from unlawful termination:

• Discrimination: An employer cannot fire an employee based on a protected characteristic such as race, gender, age, disability, religion, national origin, or sexual orientation.
• Retaliation: An employer cannot fire an employee for engaging in protected activities, such as reporting workplace harassment, filing a workers' compensation claim, or whistleblowing.
• Public Policy Violations: Termination that violates a fundamental public policy — such as firing an employee for serving on jury duty or refusing to commit an illegal act — is unlawful.
• Implied Contracts: If an employer's conduct, policies, or statements create a reasonable expectation of continued employment, an implied contract may exist that limits the employer's ability to terminate at will.

What Should You Do If You Believe Your Termination Was Unlawful?

If you believe you were fired for an illegal reason, it is important to act quickly. California has strict deadlines — called statutes of limitations — for filing employment claims. You should document everything related to your termination, including any communications with your employer, performance reviews, and witness information.

Most importantly, consult with an experienced employment attorney as soon as possible. An attorney can evaluate the circumstances of your termination, advise you on your legal options, and help you pursue the compensation and justice you deserve.

At Palms Legal Group, we offer free and confidential consultations for employees who believe they have been wrongfully terminated. Contact us today to speak with an experienced California employment attorney.