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Wrongful Termination Archives

Is a wrongful termination case possible in an at-will state?

You may be quite familiar with the concept of at-will employment, in which either an employer or employee may terminate employment at any time, for any reason and without prior notice. You may also be aware that California is an at-will state, but one with strong protections for public and private employees under the California Fair Employment and Housing Act. So how does the law apply to wrongful termination cases, when at-will employment seems to allow employers to fire for discriminatory reasons?

Do "at-will" laws also apply to employees in California?

You have likely heard of at-will employment laws, or laws that allow employers to terminate employees at will at any time and for any reason without opening themselves to legal retaliation, even if that does not protect them from suits for discrimination or other acts of wrongful termination. But does the at-will clause also protect an employee and allow them to leave an employer at any time and for any reason?

California's unique laws regarding employee termination

While facing the possible of wrongful termination in any state is a difficult matter, the state of California takes a significantly different approach to monitoring and enforcement of the typical at-will employment clauses employed by most states. While there exists overarching federal law regarding employee termination, employee protections, and at-will employment, California's special cases have gained it the reputation of one of the most employee-friendly states in the United States.

Exceptions to at-will employment

Many workers in California assume when they are hired that they are guaranteed employment unless they screw up or do something wrong to justify being terminated. The truth is the majority of employees in the state are hired on an at-will basis, which means the employer can terminate employment at any time and for any reason.

Moving on after a wrongful termination

If your employer recently fired you in a way that violated employment law, you could be facing all sorts of different problems. However, it is paramount for you to take action right away if your rights were trampled on. Our law firm recognizes the multitude of challenges that workers in Santa Barbara and other parts of California may have to endure following a wrongful termination and we believe that people in this position deserve justice.

Voluntarily leaving a job could still count as termination

For many people in California, going to work is not something they spend time worrying about. However, if your employment situation makes you miserable, and you are not bound by a contract, you may be weighing whether quitting your job is necessary for your peace of mind. At Anticouni & Associates, we understand that employers may take extreme steps to avoid the appearance of breaking the law while still engaging in unethical and illegal practices.

Early termination of a fixed-term contract

Employers and employees in California who sign a fixed-term contract should understand what it means and the consequences associated with early termination. There are a number of reasons why a contract may be used, and it often lays out salary and benefits, confidentiality provisions, employment term and the consequences of ending the contract early.

Discrimination and wrongful termination

When it comes to workplace issues such as discrimination, there are an array of topics to consider. For example, employees may experience harassment or other challenges in the workplace based on their gender or religious beliefs. In Santa Barbara, and all across the state of California, discrimination may also lead to an employee’s unlawful discharge, also known as wrongful termination.

Driver disciplined for being too sick to work is awarded $17,000

Driving a commercial truck is a job that requires a great deal of attention over a long and sometimes boring road. If the job seems easy to you, try it sometime. On top of the technical requirements of driving a big rig and the legal requirements of knowing the rules of the road, it can be really quite difficult to keep your mind on driving -- even though failing to do so could have catastrophic repercussions.


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Santa Barbara, CA 93103

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