Los Angeles At Will Employment Lawyer

At-Will Employment

At-Will employment is a part of American employment law. It defines an employment relationship in which either party can terminate the employment relationship with no liability. This hinges on there not being a contract for a definite length-of-time for the employment.

This form of employment has been known to create an atmosphere of fear. The fear stems from a reduction in job security. It can contribute to workplace bullying. Despite the pretty open abilities for employers to fire their employees, there are certain limitations to terminate employment without reason.

In many states, Public Policy is an exception to at-will employment. This is true in 43 of the 50 states, including California. Here, an employer may not fire an employee if it would violate the state's public policy or a state or federal statute. 38 states, including California, feel that if there is an implied employment contract then the employer can not terminate employment at-will. An implied contract means that an employer may not fire an employee when an implied contract is formed. This is applicable even if there is no express, written instrument regarding the employment relationship in existence. Proving that there were terms to an implied contract falls to the former employee and is often difficult, but it can be done.

When searching for proof of an implied contract, an employer's personnel policies or personnel handbook is the best place to start a search. If there is a phrase that says something along the lines of "an employee will not be fired without good reason", you could be in business.

For more information concerning California's at-will employment exceptions, contact Los Angeles at-will employment lawyer Perry Smith.