There are many laws in place to protect California employees, and as an employer, you may be considering firing an employee from their job and want to be sure you are within your rights to do so. Keep in mind that there are legal and illegal reasons for suddenly being fired. You may also be wondering, “Can you get fired without a written warning in California?”
The short answer is, yes, an employee can be fired suddenly without any written warning in California. This is because California is considered an at-will employment state. At-will employers are legally allowed to let go or terminate their employees for any reason and without any notice.
However, the employer still must comply with federal and state laws that protect an employee from being fired due to their gender, ethnicity, sexual orientation, religion, or if they have a disability.
Employers should note that different labor requirements exist for those who are non-exempt and exempt employees. Usually, exempt employees continually perform the same tasks more than half of the hours they work and are paid a salary and are not required to be paid overtime. Those employees who are non-exempt are usually paid hourly wages, so they are capable of earning overtime pay.
California employment laws generally do not enforce that employers notify their employees before letting them go or terminating them, unless there is a written contract between employer and employee that states otherwise.
Termination and Wrongful Termination
While employers have the freedom to fire for whatever reason, they still must keep in mind the state and federal laws surrounding wrongful termination and the employee’s rights.
If an employer terminates an employee due to their race, sexual orientation, gender, religious views, political beliefs, or any other protected right, this is considered wrongful termination. Additionally, if an employee is fired due to notifying the authorities about illegal activity that the company is participating in, or if they are terminated for whistleblowing, that is also considered wrongful termination.
If an employee believes that they have been terminated as a means of retaliation or discrimination, then they have the right to take legal action against their employer. If you have an employee claiming you fired them due to these reasons, you should consult with a Fresno employment law attorney as soon as possible.
Advantages and Disadvantages of At-Will Employment
In many cases, at-will employment benefits both the employer and the employee. Some advantages of at-will employment include:
- Allowing the company to reach certain goals by hiring more employees
- Creating a dynamic culture for the company
- Discovering new employees based on their skillset
- Being flexible for gaining new employees after another decides to move to another position
A major benefit for employees also includes the ability to leave a position for whatever reason, such as wanting to find a better job or if the work environment is toxic. If an employee feels that they are not suitable for the job, or it is not a good fit, then they can leave the position at any time.
The major disadvantage for employees is the potential to lose their job at any time for any reason, giving them a reason to question their job security. If an employee is constantly worried about their job and whether or not they will be terminated, that can create a lot of stress. Most people rely strongly on the income made to pay their bills and provide for their families, and worrying about job security can be stressful.
FAQs
Q: How Should an Employer Legally Terminate an Employee in California?
A: According to California employment law regarding termination, an employer should legally terminate an employee in California by paying out their final paycheck, which includes any paid time off that has not yet been used. The employer must do so shortly after the termination has taken place. In situations where a large number of employees are terminated, written notice may be given.
Q: Can An Employee Be Fired Due to Their Appearance in California?
A: Yes, an employee can be fired due to their appearance in California. As California is an at-will employment state, an employee can be fired for any reason, including their appearance. However, the employee should be fired due to their appearance because they have gone against the company’s dress code policy. If the employee is fired based on a protected right, then the employee has a right to file a wrongful termination claim.
Q: Does an Employer Have to Pay an Employee After Being Terminated in California?
A: Yes, an employer has to pay an employee after being terminated in California. More specifically, they must give the employee their final paycheck very soon after the individual has been fired. If an employer fails to give the employee their final paycheck in a timely manner, the employee may have grounds to file a wage and hour claim against their employer.
Q: What Evidence Does an Employee Need for a Discrimination Case in California?
A: An employee would need specific evidence for a discrimination case in California, if they believed that they were wrongfully terminated due to discrimination. They would need proof of discrimination which could be found in emails, voice recordings, forms used for disciplinary purposes, documents of the termination, and if one exists, an employment contract.
Discrimination is illegal, and an illegal reason to fire an employee. This is why the employee has the right to take action against their employer.
Consult with a California Employment Lawyer
You may be concerned about whether or not your company is protected sufficiently from potential employment disputes regarding wrongful termination. Our skilled and highly experienced team of legal professionals can help you create employment agreements that will make clear to your employees what the appropriate reasons for termination are within your company, keeping you sheltered from a wrongful termination claim.
Contact Fishman, Larsen & Callister for assistance today and peace of mind that your company is safe from an employment dispute.