26 Feb What it means to be an “At-Will” employee.
You may have heard the term “at-will” used to refer to your employment. But what does being an “at-will” employee mean, and how does it likely affect you? Under California law, an employee is legally presumed to be at-will unless there is an employment agreement in place that specifies a term, or duration, of employment. It is important to note that just because you might have an employment agreement in place does not mean that your employment is not at-will. The agreement must state that the employer will employ you for a specified amount of time. Absent such language, you are most likely an at-will employee. But you are not alone. Not by a long shot. Almost every person that contacts me for labor and employment representation is an at-will employee. In fact, I would venture to guess that more than 90% of employees in California are at-will employees. So why does it matter? Well, one simple reason: If you are an at-will employee, which you probably are, you can be let go without any reason. Your boss may wake up one day and decide that he or she just no longer wants you as an employee. Your boss does not need to give you an explanation, he or she can just fire you. End of story. But there is a catch — and it is a very important one: You cannot be fired for an unlawful reason, whether or not you are an at-will employee. If your boss decides to fire you because of your race, religion, color, sex, disability, pregnancy, sexual orientation, in retaliation for reporting unlawful activity by your employer, or other protected categories, you may have a wrongful or unlawful termination claim. If you suspect that you have been terminated unlawfully, you should speak with a labor and employment attorney immediately. The Khadder Law Firm is here to help you fight for your rights to justice. Contact the Khadder Law Firm today for a free initial consultation. ...