Legal Protection and Rights of At-will Employees in California

Being an at-will employee does not deprive you of certain rights as employee. Although, at will employment generally means you can be terminated for any reason or for no reason at all by your employers, still, you cannot be fired or terminated for reasons that are considered illegal under the state and federal laws.

Under the law, at-will employees are entitled to legal protection against unlawful termination especially on reasons that violate the law or public policy.

Similarly, in California where employment is often considered at-will, the law safeguards the rights of employees in the following employment issues:

Terminations based on discrimination – The Civil Rights Act extends anti-discrimination protection to employees from being terminated based on their race, gender, religion or nationality. Similarly, the state Fair Employment and Housing Act (FEHA) guarantees protection to employees against a wider scope of discrimination that includes discrimination based on pregnancy, mental disability, marital status, sexual orientation, age, pregnancy, childbirth and other related medical conditions.

Whistle blowing acts – California employees cannot be terminated for informing authorities about the employer’s illegal act.

Public Policy violations – Employees cannot be terminated if the act will undermine or violate a public policy. For instance, an employment cannot fire workers for filing compensation claims or for taking their sick or vacation leave.

Contractual protection – Employees are also entitled to file complaints against the employer’s failure to follow termination procedures as contained in an employee manual or handbook.

Tort claims – Employees cannot be prevented from filing a personal injury lawsuit such as defamation or invasion of privacy in response to an employer’s termination action.

Aside from these employment safeguards, the state labor laws also provide protection to employees from allege violations of overtime and wages law, discrimination and harassment.

California has enacted several laws that ensure employees and workers of their right to just wages, safety at work and the enjoyment of benefits such as workers’ compensation and leaves.

Overtime rights – The state has unique overtime pay laws that protect employees from working long hours. Employees can also sue their employers if they fail to provide meal and rest break provisions of the California law.

Leave and benefits – Under federal and state laws, employers are required to provide up to 12 weeks of unpaid leave to eligible employees during birth of a child, to take care of newborn child, care for sick spouse, child or parent or for a serious health condition. In addition to this, employees are also entitled to file compensation claims for work-related injuries.

Right to safe workplace – Under the federal Occupation Safety and Health Act (OSHA), California employees are guaranteed safety at work. This ensures that employees must be able to work in an environment that is free from recognizable hazards.