Many companies still use the doctrine of employee-at-will in the workplace. Under the employee-at-will doctrine, employers are free to hire or fire employees; promote and demote them at their will, as long as they are not breaking any employment laws. Employees are also free to enter or leave the company as they please, under this doctrine. But there are certain exceptions to the employee-at will doctrine, and under these exceptions an employee may be eligible to file a lawsuit against the employer for wrongful termination.
Anti-discrimination laws also cover the arena of employment, with areas such as gender, race, skill and work experience. Employers are therefore expected to give equal treatment and respect to its employees. Any employee who has been terminated because of some form of discrimination in the workplace can sue his or her employer for wrongful termination.
When an employee enters into a binding agreement with his or her employer (such as signing contracts), the employee is said to be subjected to the terms of the agreement, and thus the employee is not hired as an employee-at-will. If in cases of termination, the employee must be terminated on grounds of cause for termination as stated on the agreement (such as bad conduct or poor performance). Only in such cases where a company terminates its employee on grounds not stated on the agreement/contract, then the employer may be sued for breach of contract.
Certain public policy exceptions may also apply under the employee-at-will doctrine. A good example would be where an employer cannot fire its employee for refusing to carry out a task which can be deemed unlawful, or when the employee files a worker compensation claim. If an employer fires an employee because of those reasons, it can be classified under wrongful termination.
Knowing these rules and exceptions for the employee-at-will doctrine can help an employee determine if he can be eligible to file a lawsuit. If you have been a victim of wrongful termination, contact Mesriani Law Group today and our employment lawyers can give you quality legal representation to obtain favorable settlements or verdicts.
510 Arizona Ave.,
Santa Monica, CA 90401
Irvine - (Satellite Office)
19800 MacArthur Blvd., Suite 1000
Irvine, CA 92621
San Fernando Valley - (Satellite Office)
5850 Canoga Ave., Suite 400
Woodland Hills, CA 91367