Under California’s at-will employment laws, you can fire employees for any reason, except when you can’t. The most obvious example is when you have signed an employment contract that guarantees the employee’s job until a certain date; if you fire an employee in that situation, they can sue you for breach of contract, as well as wrongful termination. At-will employees can also sue for wrongful termination under certain circumstances, even if the employee handbook clearly states that the employer has the right to terminate the employment relationship at any time and for any reason. If your decision to fire the employee violates public policy or anti-discrimination laws, an at-will employee can still sue you for wrongful termination. If you need to let some of your employees go and want to avoid lawsuits, or if a former employee is claiming that you terminated their employment unjustly, contact a San Diego business law attorney.
What Do At-Will Employment Laws Give You the Right to Do?
At-will employment laws give you the right to fire an employee for poor job performance or misconduct, but you also have the right to terminate an employee even if the employee has done everything right. Many decisions to fire employees stem from financial considerations. The costs of employing even one person are substantial; not only do you pay their wages or salary, but also taxes, and if you provide health insurance benefits, your costs are even higher. For example, the employer simply may not be able to afford so many workers on the payroll. With all the uncertainty as the COVID-19 pandemic drags on, it is hard for many employers to keep their entire pre-pandemic staff on the payroll.
Is it a Coincidence That You Fired an Employee Soon After They Engaged in a Protected Activity?
An employee has the right to sue their employer for wrongful termination if the employer fires the employee as retaliation (punishment) for engaging in a protected activity. The following are examples of protected activities:
- Complaining about racial or gender discrimination in the workplace, or threatening to complain about discrimination
- Requesting reasonable accommodations for a disability or a religious obligation (such as breaks to perform prayers or permission to wear religiously prescribed clothing at work)
- Taking time off from work for jury duty
- Requesting an FMLA leave for medical or family caregiving reasons
- Filing a workers’ compensation claim about a work injury
- Refusing to follow the employer’s instructions to do something illegal
- Reporting illegal activity or violations of regulations on the employer’s part
Wrongful termination disputes sometimes arise when an employee engages in a protected action and subsequently loses their job in a “corporate restructuring.” Your lawyer can help you assess your rights to terminate an employment relationship.
Contact Foldenauer Law Group About Wrongful Termination Claims
A business dispute lawyer can help you defend your business against claims by former employees who allege that you wrongfully terminated their employment. Contact Foldenauer Law Group, APLC in San Diego, California to discuss your case.