Los Angeles Employees At-Will, So Easy to Say Goodbye. Not So Fast, Buddy.
If there is no specified term of employment, then under California Labor Code Section 2922, employment may be terminated at the will of either party with notice to the other. This is known as the employee At-Will doctrine. Many employers in Los Angeles have employee handbooks that specify that employees are At-Will.
Many employment applications include language that employment, if offered will be "At-Will." And, when an employee starts employment, he or she may be asked to sign documentation memorializing that the employee is an at-will employee.
Labor Code Section 2922 is only a presumption. It can be rebutted. That's right employees, what may have started out as At-Will employment may by have changed. Agreements can be made not to fire an employee except for Good Cause. These agreement can be express, i.e. written or they may be an oral agreement or promise for permanent employment.
It is also possible to rebut the presumption of At-Will employment, by an Implied-In-Fact Contract not to terminate except for good cause. This is established by demonstrating by the totality of the employer-employee relationship that there was an Implied-In-Fact contract not to terminate except for good cause.
There are more ways to rebut the presumption of At-Will employment which will be addressed in other posts. But, for Los Angeles employers who think their employees are At-Will and it is easy to say goodbye, they should be concerned about employees thinking "Not So Fast, buddy."
