At-will employment is a law that many employers function under. This law ensures that you or your employer are able to terminate a working relationship without repercussions, but giving the necessary time to hire someone else at their discretion. To understand this law as simply as possible you must think that both sides can terminate the relationship at will. This does not necessarily mean that you can be fired without a valid reason for them to do so.
Is every employment agreement in California at-will?
This law does not apply to the following employment relationships:
1. Employees with contracts:
When an employer offers an employee a work contract the contract will stipulate the policies, terms, and expectations in regards to ending the working relationship. For example, a term that your contract could include is how long you have to give notice when you decide to quit or how you need to perform in order to maintain your job post. This contract can only be breached if one party does not respect the terms of the contract.
2. Independent contracts:
Even though independent contractors are not the same as contract employees they have similar contracts. This means that if as mentioned above if anyone breaches the contract then you can end the working relationship without following the terms stated in the contract.
3. Employees with implied good faith agreements and covenants:
There are a few work relationships that are made through a good faith agreement. That means that you do not have a written agreement. Instead, all of the agreements occur when having a discussion. The fact that you did not get a written contract does not mean that you are not protected by law, therefore the terms from above still apply. You may only breach the contract if the terms were not respected.
We wanted to share this with you because the at-will law is one of the most misunderstood laws by employers and employees.
Make sure your rights are being respected. Call us if you need help.
