What You Need to Know About No-Reason Firings
Some firings in California are be done for no reason. Here’s everything you need to know about being fired for no reason in California.
An employer may fire an employer for no reason if there is no contract that limits the employer’s termination rights, and the termination does not violate public policy. When an employee has a contract with employer termination limits, then the case is different.
California’s Employment Termination Rules and Laws
California holds that the termination of an employee may take place at the end of its appointed term, the death of the employee, and the death or incapacity of an employer.
California Labor Code §2922 states that employment with no specified term can be terminated at the will of the employer if he or she gives the employee notice. California law holds that employment for a specified term means employment for a period greater than one month.
However, if there is an at-will agreement made beforehand, the employer may fire the employee at any time with or without advanced notice.
At-will employment means that an employer can terminate an employee at any time for any reason, except an illegal one, or for no reason without incurring legal liability. At-will typically also means that an employer can change the terms of the employment relationship with no notice or no consequences. In the absence of a contract limiting the employer’s firing rights, an employer may terminate its at-will employees at any time without cause, for any or no reason, if there is not a violation of public policy involved. There is no requirement that the employer terminating an at-will employment act in good faith or with good cause.
Related: At-Will Employment in California: What You Need to Know
Public Policy and the Firing of Employees
Public policy means the principle of law which holds that no citizen can lawfully do something that tends to cause injury to the public or is against the public good. Apart from the terms of an employment contract, an employer does not have a right to terminate employment for a reason that goes against public policy. An employer’s right to fire an employee is limited to public policy because the firing could be used to coerce employees into committing crimes, holding back from revealing any wrongdoing, or taking other action harmful to the public order.
Wrongful terminations in violation of public policy generally fall into four categories:
- Firing for refusing to violate a statute (a written law),
- Firing for performing a legal obligation,
- Firing for exercising a constitutional or statutory right or privilege, or
- Firing for reporting a violation of a written law of public importance or for the public’s benefit.
Related: Implied Employment Contracts & Wrongful Termination in California
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If you or a loved one was fired for no reason in California, contact us. We’ll get you in touch with the most qualified California Employment Attorney suited to your needs and preferences. Get your free consultation today!