Exceptions to the At-Will Employment Doctrine

A great number of California employees may be considered at-will employees. Generally, this refers to all employees who are neither union members nor state and public employees. An employment may be regarded as at-will unless the terms specified in a contract state otherwise.

But at-will employment is, by itself, a contract which binds neither employer nor employee to terminate the relationship at any time, even without any cause. This doctrine gives the employer the option to dismiss or fire an employee any time; at the same time it also gives the employee the choice to quit his job.

But this doctrine is often vulnerable for abuse and has its complications. In wrongful termination cases, the doctrine is sometimes invoked by employers defending their acts from dismissed employees who are seeking valid reasons for their termination.

To protect workers and employees from abuse and unjustified termination, state and federal laws have provided some exceptions to the doctrine.

• In cases where termination is based on discriminatory reasons, an at-will employee may file a claim against an employer. To protect these employees from termination, harassment and demotion, anti-discrimination statutes have been enacted. These laws were created to keep workers safe from all types of discrimination, including those based on age, race, religion, color, sex, national origin and a few other characteristics.


• Termination cases involving discrimination by age or disability are also exempted from the at-will doctrine. Federal laws such as the Age Discrimination in Employment Act and the Americans with Disabilities Act help protect at-will employees from termination arising from these causes. Another federal anti-discrimination statute, the Title VII of the Civil Rights Act of 1964, prohibits employers from discriminating due to employee's race, color, religion, sex or national origin. This statute applies to employers who have 15 or more employees.


• When an employee is terminated in violation of a public policy - Most states recognize a public policy exception to the at-will employment doctrine. In some states, an at-will employee may bring a claim against an employer for wrongful termination if he was terminated in violation of a public policy. Public policy violations may include the following acts:
  
  
  • reporting illegal conduct by the employer,
  
  
  • reporting safety violations, either to a governmental agency, or internal,
  
  
  • engaging in acts that public policy encourages, such as jury duty, or the exercise of a statutory right.


• The existence of an implied contract may exempt an at-will employee from the doctrine - A great majority of the states recognize the existence of an “implied contract not to terminate except for good cause” as an exception to the at-will employment doctrine. Under this exception, circumstantial evidence can be used to show that one’s employment started at-will and later evolved into an implied contract. However, proving the terms of an implied contract is often difficult, and the burden of proof often lies on the dismissed employee.

Although these exceptions may protect at-will employees from an unjustified termination, there is no assurance an abuse of discretion or wrongful termination acts will cease. In most cases, an at-will employee who has been unfairly terminated will have no other recourse but to seek legal remedies through an attorney.

In Los Angeles, for example, an employee may consult with employment law attorneys to help him on other legal issues regarding his work.