What is Wrongful Termination?
In California, the employee usually faces an uphill battle when trying to prove wrongful termination. This is because the employer-employee relationship in California is presumed to be "at will" unless the employee is hired pursuant to a union contract or an individual employment contract "At will" means that an employer can fire someone for any reason, as long as it is not an illegal one, such as when someone opposes sexual harassment or other illegal activity and is fired as a result of it.
However, the "at will" relationship can be modified either verbally or through
an employer's custom or practice. For example, if an employee handbook contains a progressive
discipline policy where verbal or written criticisms must be made prior to
terminating an employee, the employee may argue that the employee was wrongfully
terminated if the company did not follow its own policies in firing the
employee. Similarly, if an employer verbally assures an employee continued
employment, the "at will" relationship may found to have been modified, giving
the employee a reasonable expectation of continuing employment for some time in
the future, which might require the employer to establish "good cause" prior to
terminating the employee.
In the legal sense of the phrase as used under California state law,
"good cause"
means "fair and honest reasons, regulated by good faith on the part
of the employer, that are not trivial, arbitrary, or capricious, unrelated to
business needs or goals, or pretextual. A reasoned conclusion, in short,
supported by substantial evidence gathered through an adequate investigation
that includes notice of the claimed misconduct and a chance for the employee to
respond." Cotran v. Rollins Hudig Hall Int'l, Inc. (1998) 17 Cal.4th 93,
108. Although the Cotran Court recognized the need for deference to
an
employer's decisions, the employer's discretion is not unfettered. (Id.
at 101). Otherwise, the employer's implied-in-fact promise to terminate only for cause would be
illusory. Wood v. Loyola Marymount Univ. (1990) 218 Cal.App.3d 661, 670.
Wrongful termination claims turn on the individual facts in any given case. It
is therefore important that the employee keep copies of any hiring letters,
employee handbooks, and performance evaluations so that a reviewing attorney can
better assist in evaluating the potential case.
Attorneys handling claims of sexual harassment, discrimination and wrongful termination under California law.
Serving virtually all of California, including Los Angeles, Pasadena, San Francisco, and San Diego areas.
Law Offices of Jason L. Oliver
128 N. Fair Oaks Avenue, Suite 107
Pasadena, California 91103
(626) 797-2777
If you need an attorney or simply want to consult with a lawyer regarding an employment related case of sexual harassment, discrimination, or wrongful termination, please call
Jason Oliver at (626) 797-2777 for a free legal consultation.
Sexual Harassment | Discrimination
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Jason L. Oliver
Los Angeles Sexual Harassment Attorneys
Last Updated: January 2007
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