When You Cannot Terminate

California’s at-will employment presumption has been significantly diminished by legislation and by state and federal court decisions. Specific statutes limit your right to terminate an employee, and courts have expanded the concept of wrongful termination violating public policy. Although your policies and employee handbook may recite the at-will presumption and your employees may sign written acknowledgments of their understanding of that term, proper handling of terminations is your best defense against lawsuits.

  • Anti-Discrimination Statutes

    Anti-Discrimination StatutesBoth state and federal statutes prohibit termination on the basis of certain characteristics.  More »

  • Anti-Retaliation Statutes

    Anti-Retaliation StatutesYou cannot terminate an employee because he/she exercised a right granted by a state or federal statute or certain administrative regulations.  More »

  • California Whistleblower Protection

    California Whistleblower ProtectionCalifornia Labor Code 162.5 encourages employees to notify an appropriate government or law enforcement agency when they believe their employer is violating laws enacted to protect corporate shareholders, investors, employees and the public.   More »

  • Protected Activities

    Protected ActivitiesYou cannot terminate an employee for participating in activities that are protected by law, including the following.  More »

  • Sarbanes-Oxley Whistleblower Protection

    Sarbanes-Oxley Whistleblower ProtectionThe Sarbanes-Oxley Act of 2002 protects employees who provide information or assist in investigations into conduct that the employee "reasonably believes" violates federal criminal law.  More »