At-Will Employment In California

August 23, 2023

If you're an employee in California, it's essential to be aware of your employment rights. One significant aspect of employment law that affects both employers and employees is "At-Will Employment."

In this article, we will delve into the intricacies of at-will employment in California and clarify what it means for both parties. Whether you're an employer seeking to understand your rights or an employee who wants to know their protections, we've got you covered.

At-Will Employment In California: The Basics

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At-will employment is a fundamental concept in California labor law. It simply means that an employer has the right to terminate an employee at any time, for any lawful reason, without prior notice, and without any liability.

Similarly, employees have the freedom to leave their job at any time without providing a reason or providing advanced warning.

However, it's crucial to understand that at-will employment doesn't mean employers can dismiss employees for discriminatory or illegal reasons, such as race, gender, religion, or whistleblowing.

Exceptions to At-Will Employment

While at-will employment is the general rule in California, there are important exceptions that provide employees with certain protections against wrongful termination. Some of the significant exceptions include:

Employment Contracts

If an employee has a written employment contract that specifies the duration of employment or outlines grounds for termination, then the at-will doctrine may not apply.

Public Policy Exceptions

If an employer terminates an employee for reasons that violate public policy, such as retaliation for reporting illegal activities or exercising legal rights, the employee may have a valid claim against wrongful termination. Employers also cannot terminate an employee for an illegal reason such as discrimination or to prevent paying employees wages to which they are entitled (like earned commissions).

Implied Covenant of Good Faith and Fair Dealing

California recognizes an implied covenant of good faith and fair dealing in employment relationships, which means employers cannot act in bad faith or engage in dishonest conduct to terminate employees.

Your Rights as an Employee

As an employee in California, it's essential to understand your rights in an at-will employment arrangement.

While your employer has the right to terminate your employment at any time, you are also entitled to certain protections. Some key points to remember include:

Protection from Discrimination

Regardless of at-will employment, employers cannot terminate employees based on protected characteristics, such as race, color, national origin, gender, religion, age, disability, or sexual orientation.

Retaliation Protection

Employees have the right to report illegal activities or workplace violations without facing retaliation. If an employer fires an employee for whistleblowing, the employee may have grounds for a wrongful termination claim.

Contractual Obligations

If you have a written employment contract or an implied contract that outlines the conditions of termination, your employer must adhere to those terms.

Review Employee Handbook

Employers often provide detailed policies and procedures in their employee handbooks. Familiarize yourself with these guidelines to understand the grounds for termination and the steps involved in the termination process.

Seek Legal Counsel

If you believe your termination violated the law or employment contract, consult an experienced employment attorney to evaluate your case and explore your options.

At-Will Employment: The Employment Relationship

The concept of at-will employment is rooted in the idea that the employment relationship is voluntary and can be terminated by either party at any time.

It gives both employers and employees the freedom to make decisions regarding their working arrangements without being tied to a long-term commitment.

This flexible nature of at-will employment provides employers with the ability to adapt to changing business needs, while employees can seek better opportunities without facing contractual constraints.

Advantages and Disadvantages of At-Will Employment


  • Flexibility: At-will employment offers employers the flexibility to adjust their workforce as per business demands. In industries with seasonal fluctuations, this can be particularly advantageous.
  • Ease of Termination: Employers can swiftly terminate employees who are underperforming or engaging in misconduct without the burden of following a lengthy termination process.
  • Encourages Accountability: At-will employment encourages employees to be accountable for their actions and performance, as they understand that poor performance could lead to termination.


  • Job Insecurity: Employees under at-will employment may experience job insecurity due to the possibility of being terminated without warning.
  • Lack of Protections: While there are exceptions to at-will employment, not all employees may be covered, leaving some vulnerable to unfair terminations.
  • Potential for Misuse: Employers must be cautious not to misuse the at-will employment doctrine to terminate employees based on discriminatory or illegal grounds.

Understanding Wrongful Termination

Wrongful termination occurs when an employer fires an employee in violation of their legal rights or employment contract. Although at-will employment grants employers broad termination rights, it does not give them a free pass to terminate employees unlawfully. Employees can be terminated for any reason - good, bad, or even for an unfair reason - just as long as it is not an illegal reason.

Wrongful termination claims can arise if an employee is fired for reasons such as discrimination, retaliation, or exercising their legal rights.

If you suspect that your termination was wrongful, it's essential to gather evidence and seek legal counsel to determine if you have a valid claim.

Freeburg and Granieri APC's attorneys are experienced in handling wrongful termination cases and can provide the guidance you need to protect your rights.

Protecting Your Rights in the Workplace

While at-will employment offers certain advantages to employers, it's essential to ensure that your workplace rights are protected.

As an employee, you have the right to work in an environment free from discrimination, harassment, and retaliation. If you believe your rights have been violated, take these steps:

  • Document Incidents: Keep a record of any discriminatory or retaliatory actions, including dates, times, and any witnesses present.
  • File a Complaint: If you experience discrimination or harassment, report the incident to your employer's HR department or a supervisor in writing.
  • Seek Legal Advice: If your concerns are not addressed or if you face retaliation for filing a complaint, consult with an employment attorney to understand your options.

Freeburg and Granieri APC: An Employment Law Firm

If you are facing an employment-related issue or need legal guidance on at-will employment or discrimination in California, don't hesitate to contact Freeburg and Granieri APC. Our dedicated team of attorneys is well-versed in California labor laws and can provide personalized solutions tailored to your specific situation.

Whether you have questions about your rights as an employee, believe you were wrongfully terminated, or need assistance in negotiating an employment contract, our experts are here to support you.

Take charge of your career and workplace rights with Freeburg and Granieri APC by your side. Reach out to us today to schedule a consultation and gain the legal representation you deserve.


Understanding at-will employment in California is crucial for both employers and employees. While it grants employers the flexibility to manage their workforce, it also provides employees with essential protections against wrongful termination.

Remember, at-will employment doesn't give employers free rein to terminate employees for discriminatory or illegal reasons. If you find yourself facing an unjust termination, seek legal advice to assess your options. Similarly, if you find yourself in a workplace that is not right for you, employees have the ability to also quit their job to find other options.


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