Class Action Lawsuit: Wrongful Termination California

Tuesday 4 December 2012

Wrongful Termination California

In California, an employment contract of indefinite duration is generally deemed to be at the will of either party (Cal. Lab. Code § 2922). However, the "at will" relationship can be expressly or impliedly modified by the employer. For example, if the employer issues handbooks or other publications to employees which suggest that employees will not terminated or disciplined in accordance with certain procedures, the employee may argue that the employee was wrongfully demoted or terminated if the company fails to follow its own procedures in demoting firing the employee.

Similarly, if the employer provides oral assurances of continued employment, the "at will" relationship may found to have been modified, which may 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).

Wrongful Termination California

1 comment:

Anonymous10 April 2013 at 02:41
Sometimes, various types of disputes at your workplace can result in an employee becoming the target of wrongful termination of his job. Even though most of the individuals are aware of the essentials of a wrongful termination, there are many who don’t know how it applies to their situation, or what type of protection they are entitled to under this particular statute. If you are one of them and in a situation where you want to seek help under the legal guidance then expert wrongful termination lawyers in California can be your best help.
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