Employers Cannot Absolutely Fire At Will Article

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Employers Cannot Absolutely Fire At Will

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Author: Atty. Gabriel Cosh

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In California, if you are not hired by an employer through a verbal or written contract, you are considered as “at will” employee. At will meaning, the employer can fire you at will. He could fire you for being tardy, sickly or being loud or argumentative with your other co-employees. Your employer may even fire you if he just doesn’t like your personality or he doesn’t want to look at your face when he comes to the office in the morning.

Being an “at will” employee has benefits for you too. If you are an “at will” employee, you can quit anytime you want. You could be having lunch one day and day dreamed about a life on the beach. Right there and then you can go to your employer and say that you quit.

However, “at will” arrangement of employment does not stay “at will” throughout your employment with your employer. Other factors may change your working relationship. If during your “at will” employment your employer makes you sign a contract with terms of employment then you have now become a regular employee and you cannot be terminated for just any reason whatsoever.

However, in the same vain, you cannot just leave your work whenever you feel like it because you are obligated by the terms of your employment contract. Usually, you need to advise your employer at least a month before your intended resignation, otherwise, you could be made liable for damages.

Even verbal actions can change your “at will” relationship. If your employer verbally informed you to work until the end of the year or inform you of his or her intent to make you a regular employee, then you will also be placed in an employer employee relationship from that time on with the same rights and obligations.

Going back to the “at will” relationship, even if you are an “at will” employee, the employer technically cannot just fire you at will. The law provides that the employer cannot fire you if the reason for firing you is illegal under Title VII. According to law, you cannot be fired if the reason is discriminatory based on your race, color, religion, national origin, disability or age. Your employer cannot also fire you based on sexual orientation or marital status.

If you are an “at will” employee but you are terminated due to illegal cause, you have a right to seek damages. Secure the services of expert employment lawyers like the lawyers of Mesriani Law Group if you are in California to help you claim damages against your “at will” employer.

For more information about Employment Law cases visit our Los Angeles Expert Attorneys website.

About Author

Atty Gabriel Cosh is a legal advocate and a practitioner of law for over 10 years now. He is also an expert in the field of social legislation and personal injury cases.

Article Source: http://www.1888articles.com/author-atty.-gabriel-cosh-4745.html