What Does At-Will Employment Mean in California? 2025

If you have found yourself wondering: What does at-will employment mean in California? An employment lawyer can help answer this for you. At-will employment is a concept many California workers have heard of but may not fully grasp. It’s a core aspect of California employment law, but it’s also a notion that can be confusing to both workers and employers.

Our team at MM Law, led by Maralle Messrelian, can explain to you exactly what at-will employment means in California and how it might affect your workplace rights.

What Is At-Will Employment in California?

Fundamentally, at-will employment means that either party in an employment relationship can end the relationship at any time, for any lawful reason, or for no reason at all. This flexibility holds true for most employment relationships in California. Employment lawyer can help navigate any complexities or disputes regarding termination and employee rights.

While the term “at-will” implies that employers have the right to do whatever they want, that isn’t the case. California’s Fair Employment and Housing Act (FEHA) ensures that workers are afforded certain protections when it comes to at-will employment.

Exception to At-Will Employment

While, generally, an employer can fire an employee for any reason or no reason, they cannot do so for unlawful reasons. There are exceptions to at-will employment that employers must abide by. These exceptions include:

• Discrimination. Employers are not allowed to terminate an employee for discriminatory reasons. It is considered discrimination if the reason for termination is due to the employee’s status under a protected class, such as race, religion, sexual orientation, gender, age, or disability. An example of this would be an employer firing female employees because they believe the jobs should only be done by males.
• Retaliation. Employees are protected against retaliation. This means that if an employee participates in a protected activity, such as filing a complaint against their employer for unfair, unlawful, or unethical practices, the employer cannot take retaliatory actions against them, including terminating their employment.
• Violation of Public Policy. Employers cannot fire an employee if the reason for the termination violates a clearly established public policy, such as termination for exercising a legal right.
• Implied Contract. If your employer gives you assurances of job security or provides a specific procedure for termination in their policy or employee handbook, this might constitute an unwritten contract that preempts the at-will assumption. For instance, if your company’s policy stipulates that you will get multiple warnings before being fired, your employer has to comply with that policy.

If an employee is fired for any of these reasons, it is considered wrongful termination. If you were wrongfully terminated, you have the right to take legal action against your employer. Employment lawyer vost in California can vary depending on the complexity of your case, but many lawyers offer consultations to discuss the potential costs and payment structures.

What To Do if You Were Wrongfully Terminated

When wrongfully terminated, workers often feel helpless or numb and don’t know what to do next. California has remedies in place for employees who feel they have been treated unfairly, but it can be difficult to know where to begin.

Proactive documentation is one of the most significant steps an employee can take. This includes saving emails, memos, performance reports, and any other documents that might be relevant to your case. If you’ve been harassed or retaliated against, document the incidents, including all dates, times, and individuals involved. These records can be used as evidence if you file a claim.

The California Department of Fair Employment and Housing (DFEH) is often the first agency called to investigate workplace violations. An official complaint to the DFEH gives employees a way to state their concerns and open a formal investigation. Upon filing a complaint, you may receive a right-to-sue letter to pursue litigation under California’s FEHA.

You should seek legal guidance to assist you in the process. An attorney can help you navigate the legally complex system and fight for the rights and justice you deserve. They can ensure you have all the evidence and paperwork you need to build a strong claim. They can also advocate on your behalf so you can move forward with your life.

Your Rights as an At-Will Employee

Being an at-will employee does not mean that your employer is the only one who has rights. You also have rights. Employees are protected from certain actions, such as discrimination, harassment, and retaliation.

You also have a right to a safe workplace. Employers must provide an environment free from harassment, unsafe working conditions, and other illegal practices. They are required to do what they can to make the workplace safe for you and other employees. If they do not, you may be able to file a complaint against them.

FAQs

What Are the Exceptions to At-Will Employment in California?

Some exceptions to at-will employment in California include protection from discrimination and retaliation under the FEHA. Additionally, implied contracts, progressive disciplinaries, and public policy violations are also exceptions to at-will employment in the state. These exceptions ensure that terminations are not unlawful or fraudulent and make sure that the employee’s rights are upheld.

Is At-Will Employment a Good Thing?

At-will employment can be a good thing in most cases, but it has its setbacks. Employers and employees alike can be flexible under at-will employment, enabling them to end the employment relationship with no contractual obligations. This freedom can also lead to uncertainty among workers, as many can be terminated for no reason at all. Legal protections such as the FEHA ensure that this system is not abused.

Can You Be Fired Without Warning in California?

Yes, you can be fired without warning if you are an at-will employee, but the termination cannot be based on unlawful reasons, such as discrimination, retaliation, or other illegal policies. If you’re fired without warning, you need to determine whether your rights have been violated. An attorney can help you look at the facts of your situation to determine if you were wrongfully terminated.

What Makes Someone an At-Will Employee?

In California, workers are considered at-will unless a contract, collective bargaining agreement, or implied agreement states otherwise. Most workers belong to this group unless specific employment agreements change their at-will status. You can ask your employer if you are an at-will employee, or you can look at your employee handbook. Many employers define employment status in these handbooks.

Get Legal Consultation for Employment Cases

If you believe you were wrongfully terminated, MM Law can help you pursue the remedies you deserve. Contact us today to get started.