What are the laws regarding employee termination in California?

Under California law, all employment is presumed to be “at-will,” meaning that an employer can terminate an employee at any time, for any reason, without notice or warning, unless there is a specific contract or collective bargaining agreement in place that provides otherwise. However, there are several state and federal laws that govern employee termination in California and place certain limitations on employers.

One such law is the California Fair Employment and Housing Act (FEHA), which prohibits employers from terminating an employee based on the employee’s race, color, religion, sex, national origin, age, disability or medical condition, sexual orientation, gender identity or expression, marital status or military or veteran status. Employers who violate the FEHA can be subject to penalties and damages.

Another law that limits an employer’s ability to terminate an employee is the California Labor Code. For example, employers are prohibited from retaliating against employees who engage in certain protected activities, such as filing a workers’ compensation claim, reporting a violation of law or regulation, or participating in a lawful labor strike. Additionally, employers must provide terminated employees with all wages owed, including any accrued vacation or sick time.

Employers must also abide by federal laws related to employee termination, such as the Worker Adjustment and Retraining Notification (WARN) Act. The WARN Act requires employers with 100 or more employees to provide at least 60 days’ notice before implementing a plant closing or mass layoff that will affect a certain percentage of employees.

It is important for employers to carefully document every step of the termination process and be mindful of potential discrimination or retaliation claims. Employers should consult with a qualified employment law attorney before terminating an employee in order to ensure compliance with all applicable laws and regulations.

If an employee believes they have been wrongfully terminated, they may have the option to file a legal claim or complaint with the California Labor Commissioner or the Equal Employment Opportunity Commission (EEOC). They may also consider speaking with a qualified employment law attorney to explore their legal options.

Overall, while employers in California have considerable freedom to terminate “at-will” employees, they must still abide by a wide range of laws and regulations designed to protect employees from discrimination, retaliation, and other forms of wrongful termination. Consultation with a qualified attorney can help employers navigate this complex legal landscape and minimize the risk of legal liability.