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
Wrongful Termination California
Wrongful Termination California
Wrongful Termination California
Wrongful Termination California
Wrongful Termination California
Wrongful Termination California
Wrongful Termination California
Wrongful Termination California
Wrongful Termination California
Wrongful Termination California
Wrongful Termination California
Wrongful Termination California
Wrongful Termination California
Wrongful Termination California
Wrongful Termination California
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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