Employment law can be difficult to interpret. It’s not as straight forward as it should be. Situations range from cases that are dismissed before the ink is dry to some worthy trail blazing claims that set precedent for future claims.
The understanding of employment law in layman’s terms is essential when we admit that we spend more time at work with fellow colleagues then at home with family.
Employment law can opens up a can of worms when we talk about things that can happen at work – sexual discrimination, age discrimination, wrongful termination, unpaid wages and earnings to mention a few.
In my last blog I wrote on “constructive discharge” in “Can I quit my job and sue my boss?” In this blog I want to distinguish the thin line behind what California’s employment “At Will” clause and wrongful termination.
In California, an “At Will” employment clause means that you can be discharged for NO specific reason and NO explanation need be given. Sounds cold and callous, but it’s Not personal--- it business is the generic cliché.
In my legal experience the clause was built on an uneven surface. An employer is betting that the employee won’t do anything about it. They usually bet that the average person really won’t have any options but to move on. They hope that you’ll find another job and the lingering feeling of filing a lawsuit against them fades away with their healing process.
Not too long ago, I had a client who was fired, the softer term is he was laid off, for what the boss said was a financial downsize of the company. He was replaced by a younger and less expensive employee that was doing the same job as he was doing in his now former desk and office.
My client felt cheated and primarily just wanted to vent. He didn’t want to sue, or thought he couldn’t sue, primarily because he had a feared the company would fight his unemployment benefits, his only income during his transition. The company even held back his check until he had signed all essential paper work.
He had worked at this company for 10 years 10 hours a day 5 days a week and he was fired via a letter in an envelope given to him by the secretary. He understood “At Will” employment in California after doing his own research on Google and simply started searching for other employment before he meet me by taking advantage of my free legal consulting.
I reviewed his case and explained that termination can be “At Will” …..BUT… the flip side to this policy is that an employer can not fire an employee when it is a violation of public policy.
He went on to explain to me that he had suspect his lay off may have been as a result of him not filing false paper work to the workmen’s compensation board in which had caused the company’s insurance premium to rise and against his boss’s wishes.
So we filled a wrongful termination claim against the company for retaliation under the Whistle Blowers Act and Age Discrimination Act, two public policies that are exception to the “At Will” doctrine.
So the gist of this article is that even though California is an “At Will” state, the doctrine is not bullet proof and a lawyer can advise you on proper methods of handling situations such as these.
Best advice thought; get a good lawyer to help you figure this out. At the Arroyo Law Firm we handle employment questions such as these and make sure that your best interests are covered.
Give us a call or text at 714-566-4112 or email us at Arroyofirm@gmail.com for any questions on employment law, Bankruptcy law, and DUI defense.
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